ROL_2013-06-03_16k.timecode
[00:15.120 --> 00:18.960] John Bush here with Your Liberty Beat for June 3, 2013.
[00:18.960 --> 00:27.360] Gold opened today at $1407, silver at $22.23, and bitcoin is trading at $118.
[00:27.360 --> 00:31.160] Support for The Liberty Beat comes from Brave New Books, free-thinking materials for free-thinking
[00:31.160 --> 00:35.800] people since 2006, online at bravenewbookstore.com.
[00:35.800 --> 00:40.920] And from Central Texas Gunworks, CHL courses, self-defense training, and firearm sales,
[00:40.920 --> 00:43.760] online at centraltexasgunworks.com.
[00:43.760 --> 00:45.160] And now the news.
[00:45.160 --> 00:49.340] Three years after being arrested, U.S. Army Private Bradley Manning is set to begin his
[00:49.340 --> 00:50.840] trial this morning.
[00:50.840 --> 00:55.320] Manning is accused of leaking sensitive documents to the international whistleblower organization
[00:55.320 --> 00:56.320] WikiLeaks.
[00:56.320 --> 01:00.080] The most serious charge levied against Manning is aiding the enemy, which could lead to a
[01:00.080 --> 01:03.480] maximum term of 154 years behind bars.
[01:03.480 --> 01:08.320] The Bradley Manning Support Network estimated nearly 2,000 protesters rallied in support
[01:08.320 --> 01:15.720] of Manning this week at Fort Meade, Maryland.
[01:15.720 --> 01:19.400] Monsanto has faced immense criticism lately with the worldwide march against them two
[01:19.400 --> 01:23.840] weeks ago that took place in over 500 cities across the globe with millions of participants.
[01:23.840 --> 01:28.040] In addition, the biotech seed company got caught growing illegal, unapproved genetically
[01:28.040 --> 01:30.200] engineered wheat in Oregon last week.
[01:30.200 --> 01:34.360] Reuters reports that Monsanto is facing even further criticism since the company has been
[01:34.360 --> 01:38.240] ousted for using U.S. tax dollars to lobby their products overseas.
[01:38.240 --> 01:42.120] Is it forcing Americans to consume unlabeled GMOs wasn't enough?
[01:42.120 --> 01:50.920] Now tax dollars are funding their efforts to spread GMOs to the rest of the world.
[01:50.920 --> 01:55.000] The Obama administration will decide this week whether or not to sign a historic international
[01:55.000 --> 01:58.080] arms treaty put forth by the United Nations.
[01:58.080 --> 02:02.040] Rachel Stoll, a senior associate with the Stimson Center think tank, told The Hill,
[02:02.040 --> 02:04.240] I'm pretty confident they're not going to sign.
[02:04.240 --> 02:06.520] But she believes Obama will eventually sign the treaty.
[02:06.520 --> 02:11.080] However, she wouldn't be surprised if he waited to sign under the cover of darkness in August.
[02:11.080 --> 02:15.520] Advocates of the bill claim President Obama is hesitant to sign an arms trade treaty that
[02:15.520 --> 02:17.680] has been heavily opposed by the NRA.
[02:17.680 --> 02:21.200] Critics of the agreement cite fears of an international gun grab and the hypocrisy of
[02:21.200 --> 02:25.680] the U.S. government discussing gun control while arming criminals as it was exposed in
[02:25.680 --> 02:30.200] the infamous Operation Fast and Furious.
[02:30.200 --> 02:33.240] Support for the Liberty Beat comes from tomorrowsmealstoday.com.
[02:33.240 --> 02:40.080] South Austin market days every Saturday from 3 to 7 p.m. at 10106 Manchac Road.
[02:40.080 --> 02:46.080] And from Capital City Automotive, honest reliable auto care for vehicles foreign and domestic.
[02:46.080 --> 02:49.640] Online at capitalcityautoaustin.com.
[02:49.640 --> 02:53.200] This is the Liberty Beat for June 3, 2013.
[02:53.200 --> 03:16.880] Like us on Facebook at facebook.com slash the Liberty Beat.
[03:16.880 --> 03:42.000] Thanks.
[03:46.880 --> 03:55.880] Call the rope in Texas, find a tall old tree Round up all of them bad boys, hang a mine in the street
[03:55.880 --> 03:59.880] Where all the people will see
[03:59.880 --> 04:07.880] That justice is one thing you should always find You gotta saddle up your boys, you gotta draw a hard line
[04:07.880 --> 04:16.880] When the gun smoke settles we'll sing a victory tune And we'll all meet back at the local saloon
[04:16.880 --> 04:26.880] We'll raise up our glasses against evil forces Singin' whiskey for my men, beer for my horses
[04:26.880 --> 04:39.880] We ain't got too many gangsters doin' dirty deeds Too much corruption and crime in the streets
[04:39.880 --> 04:48.880] Stand the long arm of the law, put a few more in the ground Send them all to their maker and he'll settle on down
[04:48.880 --> 04:57.880] Alright folks, good evening. This is the Monday Night Rule of Law Radio Traffic Show and I am your host, Eddie Craig.
[04:57.880 --> 05:11.880] It is June, oh my, it is June 3rd, 2013. We are going into the sixth month halfway through 2013. Isn't time just flying by while we're all having fun?
[05:11.880 --> 05:24.880] Okay, I am getting severely disappointed with the attendance at the class. I know that people have things to do on lots of days and things like that,
[05:24.880 --> 05:35.880] but I have all these folks in the local area that do things as a regular exercise like peaceful streets and things of that nature,
[05:35.880 --> 05:45.880] where the stuff that we teach you at the class would be extremely useful for you folks as well as those, of course, that have traffic tickets
[05:45.880 --> 05:54.880] and those that are going to get them whether they want them or not. As the revenue starvation for the city and the counties increase,
[05:54.880 --> 06:02.880] so will the number of tickets they write in order to cover those losses. And then where are you going to be when you don't know what to do at the stop
[06:02.880 --> 06:11.880] or in court and you wind up forking over hundreds of dollars or in some cases thousands of dollars over three years,
[06:11.880 --> 06:25.880] all because you wouldn't spend $20 on a Sunday. Oh well, that being said, I would also like to make note that I have made some changes to the cross-examination script
[06:25.880 --> 06:32.880] and I'm also still developing the other scripts for the various pieces of these processes.
[06:32.880 --> 06:41.880] And they will all be integrated as well into the new book on this when it's done. But for the most part,
[06:41.880 --> 06:49.880] we're going after a particular defense theory when it comes to defending these cases in court.
[06:49.880 --> 07:01.880] One, we were never engaged in the regular activity known as transportation. Two, the only reason we're here is because the city wants money,
[07:01.880 --> 07:10.880] not because I'm guilty of anything, but because the officer is paid to write the ticket, then he's paid to testify against me,
[07:10.880 --> 07:19.880] and then he gets sometimes time and a half overtime, which is a financial benefit in excess of what he normally makes,
[07:19.880 --> 07:27.880] which is a very big motivation for him to write that ticket in the first place. Because if he, say, normally works the night shift,
[07:27.880 --> 07:36.880] and of course court's being held during the day, then he gets paid overtime to come in and testify to that ticket that he wrote.
[07:36.880 --> 07:45.880] And at time and a half, we're talking a 50% increase in income for that officer for those hours.
[07:45.880 --> 07:57.880] And like everybody else, financial gain of a personal nature is high motivation to do many things, including write traffic tickets.
[07:57.880 --> 08:06.880] You see, folks, this is why a department does not have to declare an official departmental quota,
[08:06.880 --> 08:18.880] because the quota is built in to the motivation to write the ticket, the financial gain to the officer.
[08:18.880 --> 08:24.880] Now, there's two ways to look at that financial gain. Well, he's not getting anything extra. He gets paid the same amount of money,
[08:24.880 --> 08:30.880] and he always works the day, and he has to come in and testify during the day, so he's not getting an increase, really.
[08:30.880 --> 08:35.880] Is he getting shot at while he's sitting in the courtroom? Is he having to go out and answer calls
[08:35.880 --> 08:43.880] and do domestic squabbles or anything of that nature, or is he just getting paid to sit on his duff and talk?
[08:43.880 --> 08:49.880] I would still see that as a motivating factor. He doesn't have to go out and get in a car.
[08:49.880 --> 08:57.880] He can stay basically right there where he is all day and just go to court.
[08:57.880 --> 09:06.880] Now, before you say that that's not really a motivation, you have to consider just how much money these cops make.
[09:06.880 --> 09:14.880] In Austin, based upon information one of the students brought to class, and I consider his information reliable,
[09:14.880 --> 09:26.880] that in Austin, a third-year officer, his starting pay is $86,000.
[09:26.880 --> 09:35.880] Okay? Add 20 or 30 percent of that, and what do you got?
[09:35.880 --> 09:44.880] A considerable financial chunk of change that would definitely motivate him to want to write tickets.
[09:44.880 --> 09:54.880] Now, let's remember, Austin's got somewhere in the neighborhood of between 1,100 and 1,200 total municipal police officers,
[09:54.880 --> 10:08.880] so right in that general neighborhood, but in 2010, Austin generated over 304,000.
[10:08.880 --> 10:19.880] Okay? That's not 34,000. That is 304,000 plus traffic citations.
[10:19.880 --> 10:30.880] In fact, it was in excess of 304,000.5. It was a huge number of citations.
[10:30.880 --> 10:35.880] But let's just, for instance, say that we just go with a flat 304,000.
[10:35.880 --> 10:40.880] Divide that by, let's split the difference there, 1,150 officers,
[10:40.880 --> 10:54.880] and you've got an average of 264.35 tickets per officer per year.
[10:54.880 --> 11:01.880] That's not quite a ticket a day. Okay?
[11:01.880 --> 11:10.880] But the point is, if he goes to court and testifies on 50 percent of those,
[11:10.880 --> 11:20.880] and your average case, okay, your average case is two hours, all right,
[11:20.880 --> 11:29.880] which would mean he's getting paid for 132 tickets times two hours,
[11:29.880 --> 11:38.880] 264, okay, and you multiply that by his hourly rate,
[11:38.880 --> 11:42.880] or you multiply that by his time and a half rate.
[11:42.880 --> 11:47.880] So take that three-year, $86,000, divide it up and figure out what you come out with,
[11:47.880 --> 11:54.880] and then try to argue with me about whether or not that officer is financially motivated
[11:54.880 --> 12:02.880] to come in and testify on a ticket that he writes and its motivation to write it in the first place.
[12:02.880 --> 12:10.880] Now, let's consider that he may actually only testify on 25 to 40 percent of the tickets he issues.
[12:10.880 --> 12:14.880] See how much of a chunk of change that turns out to be.
[12:14.880 --> 12:22.880] The rest of them he doesn't have to testify to because the idiots just come in and pay them and go away.
[12:22.880 --> 12:25.880] It's a bought-and-paid-for system, folks.
[12:25.880 --> 12:33.880] They're writing the tickets not to enforce the law, not to increase public safety.
[12:33.880 --> 12:39.880] I mean, let's consider the officer is accusing you of endangering the public
[12:39.880 --> 12:44.880] because you happen to be going 10 miles over the speed limit,
[12:44.880 --> 12:50.880] but you are going with the same speed and flow as the rest of traffic.
[12:50.880 --> 12:59.880] But at the same time, this officer is coming up the highway, sirens screaming, lights flashing,
[12:59.880 --> 13:06.880] either on a motorcycle or in some sort of squad car behind unsuspecting people traveling down the road,
[13:06.880 --> 13:09.880] and he's going to scare the crap out of them.
[13:09.880 --> 13:18.880] Yet he, going well over the speed he's alleging you were traveling in order to catch you,
[13:18.880 --> 13:25.880] isn't committing any crime and is not endangering anyone by that activity.
[13:25.880 --> 13:28.880] Yeah, right.
[13:28.880 --> 13:32.880] That goes right along with that officer here, either last year, the year before last,
[13:32.880 --> 13:38.880] the motorcycle cop that pulled out on the highway right in front of oncoming traffic on his motorcycle
[13:38.880 --> 13:43.880] and got creamed, literally.
[13:43.880 --> 13:46.880] Sure, there was no danger. He was a cop.
[13:46.880 --> 13:54.880] He was incapable of causing or being harmed in order to chase down a speeder.
[13:54.880 --> 13:58.880] Okay, well, that didn't work out quite so well.
[13:58.880 --> 14:04.880] The point is, people, one of the things we went over so detailed in class this past Sunday
[14:04.880 --> 14:16.880] was the humongous number of ways that this entire system violates due process and common sense.
[14:16.880 --> 14:25.880] The system is specifically designed to violate the due process rights of the accused.
[14:25.880 --> 14:34.880] I mean, this goes hand in hand with a ruling by the Supreme Court either this Monday today or last Monday.
[14:34.880 --> 14:36.880] I didn't see the date of the article.
[14:36.880 --> 14:46.880] But the Supreme Court just ruled that the police have every right to take a DNA sample from you
[14:46.880 --> 14:49.880] when they arrest you for a serious crime.
[14:49.880 --> 14:55.880] Now, let's see how that is going to work out because all of the supporters are screaming,
[14:55.880 --> 14:58.880] what a victory this was for law enforcement.
[14:58.880 --> 15:03.880] Well, let's see what a detriment it is to the people.
[15:03.880 --> 15:13.880] These cops routinely falsify charges against you, such as resisting arrest, assaulting an officer,
[15:13.880 --> 15:20.880] DUI when you haven't had a drop to drink, and so on and so forth.
[15:20.880 --> 15:26.880] And they'll take you to jail for those, even though they're falsified, they'll take you to jail.
[15:26.880 --> 15:31.880] And then, of course, they wind up having to drop the charges because they know they can't prove them.
[15:31.880 --> 15:34.880] But then here's the predicament with this new ruling.
[15:34.880 --> 15:40.880] The officer accuses you of a serious crime, knowing full well you're not guilty of it,
[15:40.880 --> 15:48.880] and he arrests you just like they do right now, and then they forcibly take your DNA,
[15:48.880 --> 15:54.880] and then they dismiss the charges against you because they can't prove them.
[15:54.880 --> 16:01.880] Yet now they are in possession of your DNA and there's nothing you can do about it
[16:01.880 --> 16:09.880] because the supreme idiots said, well, as long as you were arrested for a serious offense, they can do it.
[16:09.880 --> 16:20.880] They don't even touch on the concept of the police constantly lying about the charges they levy in order to arrest you, period.
[16:20.880 --> 16:30.880] Folks, this is the height of treason, the height of sedition, the height of judicial stupidity.
[16:30.880 --> 16:37.880] Why are we sitting around and letting this go on?
[16:37.880 --> 16:44.880] All right, folks, this is Rule of Law Radio. Call in number 512-646-1984.
[16:44.880 --> 16:47.880] Give us a call, give us a holler, give us a complaint, give us a kudo.
[16:47.880 --> 16:50.880] I don't care. Just call in and say or do something.
[16:50.880 --> 17:15.880] We'll be right back after the break.
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[19:01.880 --> 19:28.880] You are listening to the Logos Radio Network, LogosRadioNetwork.com.
[19:28.880 --> 19:37.880] All right, folks, we are back. This is Rule of Law Radio. Call in number 512-646-1984.
[19:37.880 --> 19:43.880] We have one caller up on the board. This is Andrew in Pennsylvania. Andrew, what can we do for you?
[19:43.880 --> 19:51.880] Oh, hi. Well, actually, you basically talked about what I wanted to ask you about the whole thing about the swabbing your mouth thing and all that.
[19:51.880 --> 19:57.880] So I guess I might as well resort to the kind of thing I wanted to bring up if that were the case.
[19:57.880 --> 20:05.880] One thing that really stood out to me when you talked about that was the way people were hooting and hollering about how this is a victory for law enforcement.
[20:05.880 --> 20:11.880] And that kind of reminds me of another thing in the world of law where people are often doing that.
[20:11.880 --> 20:22.880] And that is the many cases throughout history where the Supreme Court has withered away at the remedy to our constitutional rights known as the exclusionary rule.
[20:22.880 --> 20:28.880] I mean, I cannot understand why people don't flat out understand that that little remedy to our rights, which makes the rights meaningful,
[20:28.880 --> 20:33.880] like basically holds the Constitution together probably more than the Second Amendment does, as a matter of fact.
[20:33.880 --> 20:38.880] And it seems like every time the exclusionary rule got arose throughout history, people were always saying,
[20:38.880 --> 20:44.880] yeah, this means more criminals in jail, more vigor for law enforcement, and people don't seem to get that the government doesn't care.
[20:44.880 --> 20:46.880] Isn't it disappointing?
[20:46.880 --> 20:53.880] Well, a couple of things there. First off, I'm going to get on to you for using the term constitutional rights.
[20:53.880 --> 20:56.880] There is no such thing.
[20:56.880 --> 21:00.880] They're universal rights, I know. You talked about that in your presentation on the Infowars.
[21:00.880 --> 21:02.880] Yeah, they're inherent rights.
[21:02.880 --> 21:03.880] Yes.
[21:03.880 --> 21:06.880] The Constitution protects them, but it doesn't grant them.
[21:06.880 --> 21:07.880] Okay.
[21:07.880 --> 21:14.880] Now, as far as the rest of it goes, the holding the Constitution together and all that, sorry, dude.
[21:14.880 --> 21:17.880] The Constitution is not held together by anything.
[21:17.880 --> 21:22.880] The Constitution died a long time ago, a painful death.
[21:22.880 --> 21:24.880] The Corporation creation of America.
[21:24.880 --> 21:27.880] No, no, that's not it.
[21:27.880 --> 21:32.880] The fact that it's got a built-in self-destruct clause is the first and biggest problem.
[21:32.880 --> 21:34.880] Well, second biggest problem.
[21:34.880 --> 21:40.880] The first biggest problem is the one that Lysander Spooner addressed in his book, No Treason.
[21:40.880 --> 21:45.880] Okay. In that book, he does explain it very well.
[21:45.880 --> 21:56.880] How can the people be bound to what amounts to, you know, an agreement to be bound by the rules within the Constitution
[21:56.880 --> 22:04.880] and the government it sets up when the people were never allowed themselves to vote on its acceptance?
[22:04.880 --> 22:16.880] It was their so-called representatives that decided to vote in favor or not without ever submitting that question to the people of the particular states.
[22:16.880 --> 22:25.880] It was, in fact, when the Constitutional Convention was held, that was never what the Constitutional Convention was authorized to do.
[22:25.880 --> 22:32.880] The people of the individual states did not empower the people that went to this to create an entirely new form of government
[22:32.880 --> 22:37.880] or to create a new Constitution that bound all the states in that fashion.
[22:37.880 --> 22:38.880] Yet, that's what was done.
[22:38.880 --> 22:48.880] Now, don't get me wrong, I can see why the Founding Fathers thought it was a good idea in order to protect the individual states as a unified country.
[22:48.880 --> 23:01.880] I'm not saying the concept didn't have good-hearted placement, but the point is, is that they weren't authorized by the people to do that.
[23:01.880 --> 23:12.880] I mean, it doesn't matter what the, to me anyway, it doesn't matter what the intent was, if you're looking to act on my behalf,
[23:12.880 --> 23:23.880] whether it be good or bad, unless I am currently in a position where I cannot think and act for myself and need you there,
[23:23.880 --> 23:32.880] then you are not empowered without my consent to act in my interest or on my behalf in that way.
[23:32.880 --> 23:40.880] You can't represent my vote, yes or no, for anything, and that's what was done.
[23:40.880 --> 23:46.880] You still there?
[23:46.880 --> 23:54.880] Yes, I am still there, and I'm thinking, so basically, parts of that whole idea of needing a remedy to a right,
[23:54.880 --> 23:59.880] I mean, isn't that like a whole common sense thing there, like you can't have a right without a remedy,
[23:59.880 --> 24:03.880] so any remedy is basically needed to keep the rights intact.
[24:03.880 --> 24:09.880] Well, again, you're operating under the presumption that the federal Constitution protects your rights.
[24:09.880 --> 24:15.880] How can something that doesn't exist protect anything, including your rights?
[24:15.880 --> 24:16.880] It can.
[24:16.880 --> 24:17.880] Exactly.
[24:17.880 --> 24:18.880] Yeah.
[24:18.880 --> 24:24.880] So, the corporation that's pretending to be a government at the federal level, and it is a corporation now,
[24:24.880 --> 24:30.880] because it has no Constitution, all it's got now is a charter, okay?
[24:30.880 --> 24:40.880] So, the Supreme Court may be able to make rules for that corporation, but they sure as heck can't make rules for the rest of us.
[24:40.880 --> 24:47.880] And as soon as the people of the states decide to regain control of their local governments,
[24:47.880 --> 25:00.880] and stop accepting the illusion that the federal government has any power whatsoever despite us, well, that'll all end.
[25:00.880 --> 25:05.880] But it's got to start with us as individuals first.
[25:05.880 --> 25:11.880] We have to wake up, we have to become conscious of what's going on and why it's going on.
[25:11.880 --> 25:14.880] Then we have to do something about it.
[25:14.880 --> 25:23.880] And we start by getting control at the local level, not at the top down, but from the bottom up.
[25:23.880 --> 25:29.880] I don't care how big a house you build, I don't care what you build it out of.
[25:29.880 --> 25:38.880] If you can shake the foundation, it will fall down. Right or wrong?
[25:38.880 --> 25:46.880] Oh yeah, that's right. And as a matter of fact, when I called on the show last week, I asked you about going to commissioners' meeting and telling the police chief,
[25:46.880 --> 25:51.880] why are you letting cops pull non-commercial drivers over when it's illegal for them to do so?
[25:51.880 --> 25:58.880] Well, I made a resolution, I'm actually going to do that when I go to my next commissioners' meeting, as well as speak out in any New World Order thing.
[25:58.880 --> 26:01.880] And I do hope other people around America...
[26:01.880 --> 26:06.880] Well, make sure you go in there educated on the subject in your particular state.
[26:06.880 --> 26:09.880] Don't go in there just throwing around assertions you can't back up.
[26:09.880 --> 26:12.880] That's the quickest way to get discredited.
[26:12.880 --> 26:18.880] It's the quickest way to make sure people don't ever listen to the idea, no matter who it comes from.
[26:18.880 --> 26:29.880] Yes, well the differences between the courtroom script that you have on the Logos Radio Network site is there are a couple things I'd have to change in regards to Texas law versus Pennsylvania law.
[26:29.880 --> 26:32.880] Do you know where the perfect site would be where I could go?
[26:32.880 --> 26:34.880] No, I do not.
[26:34.880 --> 26:35.880] Okay.
[26:35.880 --> 26:40.880] That's where reading and research comes in for your particular state.
[26:40.880 --> 26:42.880] Alright, I'll definitely make sure I do that.
[26:42.880 --> 26:47.880] And I'll make sure I attend all my commissioners' meetings to make sure they're not going along with the Illuminati.
[26:47.880 --> 26:48.880] Okay.
[26:48.880 --> 26:50.880] Yes, thanks a lot, Eddie.
[26:50.880 --> 26:51.880] You're welcome. Thanks for calling in.
[26:51.880 --> 26:53.880] You're welcome.
[26:53.880 --> 26:57.880] Alright, now we're going to go to Scott in Texas.
[26:57.880 --> 27:01.880] Scott, what can we do for you?
[27:01.880 --> 27:03.880] Hello?
[27:03.880 --> 27:04.880] Hello, Eddie, you there?
[27:04.880 --> 27:05.880] Yes, I'm here.
[27:05.880 --> 27:07.880] Hi, I appreciate you taking my call.
[27:07.880 --> 27:13.880] I just wanted to make a quick comment about the Supreme Court decision today and then ask you a quick...
[27:13.880 --> 27:17.880] You know, kind of a vague question about a traffic ticket here in Austin.
[27:17.880 --> 27:18.880] Okay.
[27:18.880 --> 27:25.880] The first thing I want to point out is John C. Calhoun, you know, an American state, so I'm sure you're familiar,
[27:25.880 --> 27:33.880] he stated years and years ago and spoke about the inherent conflict of interest that, you know,
[27:33.880 --> 27:40.880] either the founders overlooked or left in place was that the watchdog, the Supreme Court,
[27:40.880 --> 27:43.880] the court has an inherent conflict of interest.
[27:43.880 --> 27:50.880] They're adjudicating matters of the government and the state when in fact they are a part and parcel of the state.
[27:50.880 --> 27:57.880] So in any court of law in the United States, that's an inherent conflict of interest that's built into the system.
[27:57.880 --> 27:59.880] And that holds true for the Supreme Court as well.
[27:59.880 --> 28:08.880] They're always going to side, on the side of expanding government and expanding their own power base, which they belong to.
[28:08.880 --> 28:16.880] Well, that's what they are doing, yes, but it's not what the design was intended for them to do.
[28:16.880 --> 28:26.880] See, if the courts actually did what they were supposed to do rather than worked out their own form of judicial activism
[28:26.880 --> 28:33.880] and a way to manipulate the law to keep their power and that of government up, because let's face it,
[28:33.880 --> 28:38.880] in the interest of the courts, they have no enforcement arm.
[28:38.880 --> 28:45.880] They can issue pieces of paper to people in the executive that give them the authority to perform on the court's behalf,
[28:45.880 --> 28:50.880] but the court doesn't have its own legal enforcement power.
[28:50.880 --> 28:53.880] It doesn't have cops, in other words, okay?
[28:53.880 --> 28:57.880] Sure, and it's just so troubling.
[28:57.880 --> 29:04.880] I mean, it's the linguistics that go, I really, you know, I consider us an authoritarian society.
[29:04.880 --> 29:10.880] Even the language we hear about in the news, that everybody's an authority, an official, it's, you know,
[29:10.880 --> 29:16.880] everything the state, you know, all the power they gain rests on, it's all an appeal to authority,
[29:16.880 --> 29:21.880] where, you know, we're led to believe that there's people that need to keep us safe from ourselves,
[29:21.880 --> 29:28.880] and there's this presumption of guilt, and as you know, there's no objective way to prove innocence,
[29:28.880 --> 29:35.880] because in order to prove something objectively, an action has to occur.
[29:35.880 --> 29:42.880] Yeah, okay, well hang on just a second, Scott, and we'll get back to you on the other side of the break, okay?
[29:42.880 --> 29:48.880] All right, folks, this is Rule of Law Radio. Call in number 512-646-1984.
[29:48.880 --> 29:52.880] I got three other callers on the board, and that's good. I want some more.
[29:52.880 --> 30:19.880] We'll be right back after the break.
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[30:53.880 --> 30:57.880] move over pasteurized milk and bring on the real stuff, raw milk.
[30:57.880 --> 31:02.880] Research shows four out of five people with lactose intolerance can drink raw milk with no symptoms.
[31:02.880 --> 31:06.880] And farm families who drink raw milk have fewer allergies than the rest of us.
[31:06.880 --> 31:10.880] For thousands of years, people drank milk straight from the cow right to the glass.
[31:10.880 --> 31:12.880] No pasteurizing, no homogenizing.
[31:12.880 --> 31:15.880] So go ahead, pour some in your coffee, splash some on your cereal.
[31:15.880 --> 31:18.880] Raw milk, talk about doing a body good.
[31:18.880 --> 31:20.880] I'm Dr. Catherine Albrecht.
[31:20.880 --> 31:23.880] More news and information at CatherineAlbrecht.com.
[31:32.880 --> 31:37.880] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[31:37.880 --> 31:39.880] The government says that fire brought it down.
[31:39.880 --> 31:44.880] However, 1,500 architects and engineers concluded it was a controlled demolition.
[31:44.880 --> 31:47.880] Over 6,000 of my fellow service members have given their lives.
[31:47.880 --> 31:50.880] But thousands of my fellow first responders are dying.
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[31:54.880 --> 31:55.880] I'm an Air Force pilot.
[31:55.880 --> 31:56.880] I'm a father who lost his son.
[31:56.880 --> 31:59.880] We're Americans, and we deserve the truth.
[31:59.880 --> 32:02.880] Go to RememberBuilding7.org today.
[32:02.880 --> 32:05.880] It is so enlightening to listen to 90.1 FM,
[32:05.880 --> 32:08.880] but finding things on the Internet isn't so easy,
[32:08.880 --> 32:11.880] and neither is finding like-minded people to share it with.
[32:11.880 --> 32:14.880] Oh, well, I guess you haven't heard of Brave New Books then.
[32:14.880 --> 32:15.880] Brave New Books?
[32:15.880 --> 32:18.880] Yes, Brave New Books has all the books and DVDs you're looking for
[32:18.880 --> 32:22.880] by authors like Alex Jones, Ron Paul, and G. Edward Griffin.
[32:22.880 --> 32:26.880] They even stock inner food, Berkey products, and Calvin soaps.
[32:26.880 --> 32:28.880] There's no way a place like that exists.
[32:28.880 --> 32:30.880] Go check it out for yourself.
[32:30.880 --> 32:34.880] It's downtown at 1904 Guadalupe Street, just south of UT.
[32:34.880 --> 32:38.880] Oh, by UT, there's never anywhere to park down there.
[32:38.880 --> 32:41.880] Actually, they now offer a free hour of parking for paying customers
[32:41.880 --> 32:46.880] at the 500 MLK parking facility just behind the bookstore.
[32:46.880 --> 32:49.880] It does exist, but when are they open?
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[32:54.880 --> 32:57.880] So give them a call at 512-480-2503,
[32:57.880 --> 33:01.880] or check out their events page at BraveNewBookstore.com.
[33:01.880 --> 33:12.880] Live Free Speech Radio, LogosRadioNetwork.com
[33:31.880 --> 33:45.880] All right, folks, we are back.
[33:45.880 --> 33:47.880] This is Rule of Law Radio.
[33:47.880 --> 33:50.880] Okay, we're currently talking with Scott in Texas.
[33:50.880 --> 33:52.880] Scott, go ahead.
[33:52.880 --> 33:54.880] Okay, I know you have other callers.
[33:54.880 --> 33:56.880] I just thought I'd ask my question real fast.
[33:56.880 --> 33:59.880] You're about, it's got to be about two and a half months ago now.
[33:59.880 --> 34:05.880] I received a citation for failure to turn on Cesar Chavez,
[34:05.880 --> 34:11.880] and they always schedule the court dates right in the middle of the work day,
[34:11.880 --> 34:15.880] and I like to think that's on purpose, so I've added a continuance in there.
[34:15.880 --> 34:20.880] But I currently have a motion for discovery and inspection of evidence pending,
[34:20.880 --> 34:24.880] and the court hasn't been sending written communication to me.
[34:24.880 --> 34:28.880] I've been having, they said I have to continue to call to find out if it's ruled on,
[34:28.880 --> 34:33.880] and it's been several weeks, and the judge hasn't gotten to it yet.
[34:33.880 --> 34:40.880] I know the Texas Code of Criminal Procedure has a time period where the prosecution
[34:40.880 --> 34:44.880] and the state needs to respond to your motion for discovery and inspection of evidence,
[34:44.880 --> 34:52.880] but I assume there's no time restriction placed on the judge, his or herself.
[34:52.880 --> 34:58.880] Well, technically that's true, but they'll usually have local rules adopted
[34:58.880 --> 35:02.880] that say they have a certain amount of time in which to do things,
[35:02.880 --> 35:08.880] and there's also a certain amount of time in the procedures that they have to have things done.
[35:08.880 --> 35:11.880] Now, I kind of have the same issue for my appeal.
[35:11.880 --> 35:20.880] My appeal has been sitting in the county court at law under the direction of Judge Dip Phillips
[35:20.880 --> 35:33.880] for a year, and they only by their own local rules had only 60 days to make a ruling.
[35:33.880 --> 35:40.880] So right now we've got a letter we're sending out to all of the people that oversee these courts
[35:40.880 --> 35:47.880] letting them know that these courts are intentionally delaying their services
[35:47.880 --> 35:50.880] even though they're charging us to provide them.
[35:50.880 --> 35:57.880] They have no intention of providing the service while simultaneously denying you access to the courts.
[35:57.880 --> 36:00.880] So we're going to beat them up over that.
[36:00.880 --> 36:06.880] Now, if they delay your response for too long, have you gone to trial on this yet?
[36:06.880 --> 36:08.880] I haven't gone to trial, no.
[36:08.880 --> 36:14.880] Okay. If they drag it out for too long and you don't ask for continuances and things,
[36:14.880 --> 36:22.880] unless you absolutely must don't ever do, then you can have it thrown out for failure to provide a speedy trial.
[36:22.880 --> 36:29.880] If you can get them to go four or five months with doing nothing, then that's failure to provide a speedy trial.
[36:29.880 --> 36:35.880] My trouble is I have a trial date set on the docket here coming two weeks,
[36:35.880 --> 36:42.880] and I spoke to the clerk and she said, well, the judge hasn't gotten to it yet,
[36:42.880 --> 36:47.880] but once you come for your, you know, I have a bench trial, once you come for your bench trial.
[36:47.880 --> 36:50.880] Whoa, whoa, whoa. Why do you have a bench trial?
[36:50.880 --> 36:58.880] This might not be good to say, but I trust the judge over some of the people.
[36:58.880 --> 37:03.880] That's not only good to not say, that's insane.
[37:03.880 --> 37:07.880] The jury is not there to find you innocent, okay?
[37:07.880 --> 37:10.880] They're not even there for the purpose of finding you guilty.
[37:10.880 --> 37:16.880] You want a jury trial for two reasons and two reasons only, okay?
[37:16.880 --> 37:21.880] You want them there because it drives up the cost to prosecute you.
[37:21.880 --> 37:28.880] Two, without that jury, you may not have an appeal,
[37:28.880 --> 37:37.880] because in Texas, in these cases, unless a fine in excess of $100 is assessed against you,
[37:37.880 --> 37:40.880] you do not get to appeal.
[37:40.880 --> 37:47.880] So, the judge knows this full well, so the judge can charge you a $99.99 fine,
[37:47.880 --> 37:55.880] and then throw $101 court costs on top of that, okay?
[37:55.880 --> 37:58.880] Ah, man, it's a learning process, you know.
[37:58.880 --> 38:05.880] My thoughts were that, you know, there's a lot of juries out there that will, you know,
[38:05.880 --> 38:09.880] they just get resentful at somebody.
[38:09.880 --> 38:11.880] You don't care.
[38:11.880 --> 38:17.880] When you get the jury in there, the first thing you're going to do is figure out the best way to tick them off.
[38:17.880 --> 38:24.880] You want the jury to assess a fine in excess of $100.
[38:24.880 --> 38:29.880] You have to count on the fact the jury can't be educated.
[38:29.880 --> 38:36.880] That's what I was counting on, but I guess I didn't understand that that could be worked into.
[38:36.880 --> 38:39.880] You could use that to your advantage in the trial setting with a jury.
[38:39.880 --> 38:40.880] I just thought that would.
[38:40.880 --> 38:45.880] Ah, well, see, if you'd have been coming to the Sunday classes, I wouldn't be saying, here's your sign.
[38:45.880 --> 38:48.880] I'll be there this Sunday. I planned on coming anyway.
[38:48.880 --> 38:52.880] I've been procrastinating, but now this is the handwriting on the wall.
[38:52.880 --> 38:55.880] Ah, well, bring friends.
[38:55.880 --> 38:56.880] Thanks, Eddie.
[38:56.880 --> 38:59.880] Thanks for calling in.
[38:59.880 --> 39:04.880] All right, now we're going to go to Eric in Washington.
[39:04.880 --> 39:05.880] Eric?
[39:05.880 --> 39:07.880] Hi, Eddie.
[39:07.880 --> 39:11.880] If I was down there in Austin, I'd definitely be at the class, but I'm not.
[39:11.880 --> 39:17.880] I called up to see if you couldn't help me with this problem and the correct way to think about it.
[39:17.880 --> 39:28.880] I set up some property over in the state of Idaho, and the taxes have gone up 50% in the last two years.
[39:28.880 --> 39:33.880] And I didn't really like that, so I called up and asked them, complained about it.
[39:33.880 --> 39:39.880] And so the tax assessor, he took a look at a satellite photo of this farmland,
[39:39.880 --> 39:48.880] which had previously been assessed on a farming operation basis and decided that it wasn't really a farm anymore
[39:48.880 --> 39:51.880] and that he was going to assess this thing at market.
[39:51.880 --> 39:56.880] So now my taxes are going to go up by 400%.
[39:56.880 --> 40:02.880] And so my letter they sent me said that I can appeal this in a hearing.
[40:02.880 --> 40:11.880] And I'm wondering if I reply and I request this hearing if I'm not acquiescing to their jurisdiction
[40:11.880 --> 40:21.880] when my long-term plan is to get this thing off the tax rolls altogether.
[40:21.880 --> 40:35.880] So right now I intend on looking at the applicable Idaho statues to see what statues this guy is using to assess the value on this thing.
[40:35.880 --> 40:48.880] But before I send off this thing and request a hearing, what is your opinion about acquiescing to their jurisdiction when?
[40:48.880 --> 40:51.880] Is your property deeded?
[40:51.880 --> 40:52.880] Excuse me?
[40:52.880 --> 40:59.880] Is your property deeded?
[40:59.880 --> 41:03.880] Do you have a deed for it?
[41:03.880 --> 41:08.880] We own it outright. We got a warranty deed when it was paid off.
[41:08.880 --> 41:12.880] Okay. Then it's in their jurisdiction.
[41:12.880 --> 41:18.880] Because the deed makes you the legal owner, not the equity owner.
[41:18.880 --> 41:22.880] Big legal difference.
[41:22.880 --> 41:25.880] Yeah, I was listening to the show the other day.
[41:25.880 --> 41:33.880] We were talking about the difference between real estate and private property and something I don't know too much about.
[41:33.880 --> 41:37.880] So you're saying that I am in their jurisdiction because I have a warranty deed?
[41:37.880 --> 41:39.880] Well, yes and no.
[41:39.880 --> 41:53.880] The land is, okay, because you are not the equitable owner according to the documentation associated with the property.
[41:53.880 --> 41:55.880] You're a legal owner.
[41:55.880 --> 41:57.880] That's what a deed is.
[41:57.880 --> 42:00.880] It's just like a certificate of title to a car.
[42:00.880 --> 42:06.880] It makes you the legal owner, but you are not the equity owner.
[42:06.880 --> 42:09.880] So the question becomes, who is?
[42:09.880 --> 42:14.880] The other question that comes to mind is this, okay?
[42:14.880 --> 42:18.880] What law are they relying on to tax the property in the first place?
[42:18.880 --> 42:24.880] Because here is where the Texas tax assessors have gone completely off the deep end.
[42:24.880 --> 42:33.880] Texas law specifically requires that the tax assessed must be signed under penalty of perjury.
[42:33.880 --> 42:47.880] And the person that signs the tax bill has to be the person that did an onsite inspection in person of the property and everything that's being taxed.
[42:47.880 --> 42:51.880] The interior and exterior of all buildings and so on and so forth.
[42:51.880 --> 42:57.880] Now, does the tax assessor have the right to walk into your home and appraise it?
[42:57.880 --> 42:59.880] Not in my view.
[42:59.880 --> 43:01.880] Well, he doesn't.
[43:01.880 --> 43:12.880] That's exactly what leads you to the perception of, well, they can't do this to private property because in order to enter, he would have to have my consent or a warrant.
[43:12.880 --> 43:15.880] And he would.
[43:15.880 --> 43:34.880] The only way he could enter property without the consent of the legal owner is if it is corporate property because the state gave the corporation permission to exist within the territorial boundaries of that state.
[43:34.880 --> 43:41.880] So they can go in and lay rules and levies and taxes and all these other kind of things on a legal entity.
[43:41.880 --> 43:47.880] But the people are a whole different matter. And you need to be researching the statutes in Idaho on that.
[43:47.880 --> 43:53.880] Hang on. We'll talk about this tomorrow on the other side. All right, folks, rule of law radio five one two six four six nineteen eighty four.
[43:53.880 --> 44:00.880] We'll be right back.
[44:00.880 --> 44:03.880] Are you the plaintiff or defendant in a lawsuit?
[44:03.880 --> 44:15.880] Win your case without an attorney with Jurisdictionary, the affordable, easy to understand four CD course that will show you how in twenty four hours step by step.
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[44:52.880 --> 44:58.880] Please visit rule of law radio dot com and click on the banner or call toll free.
[44:58.880 --> 45:03.880] Eight six six law easy.
[45:03.880 --> 45:12.880] Mr. President, members of Congress, you've been making a lot of noise about taking our guns away, but you might want to review history.
[45:12.880 --> 45:21.880] Eighteen thirty five. Gonzales, Texas territory. The authorities wanted to confiscate the big gun that protected that colony.
[45:21.880 --> 45:31.880] You know what the people said? Come and take it, because they were willing to fight for their freedom and their guns.
[45:31.880 --> 45:38.880] So are we. Come and take it if you want it. Come and take it if you think you can.
[45:38.880 --> 45:44.880] Come and take it. But I warn you, you'll have to buy it from my cold dead hands.
[45:44.880 --> 45:50.880] We want the freedom that God gave us. So you best not cross that line.
[45:50.880 --> 45:58.880] If you want this gun, you got to come through us and take it one shot at a time.
[45:58.880 --> 46:14.880] Just like Gonzalez. We're keeping our guns.
[46:14.880 --> 46:27.880] All right, folks, we are back. Rule of law radio. We are talking to Eric in Washington.
[46:27.880 --> 46:34.880] All right, Eric, let's continue on. You need to look at the statutes governing tax assessment and collection in Idaho.
[46:34.880 --> 46:38.880] Look in the tax code there. OK.
[46:38.880 --> 46:44.880] Yeah. So it sounds like having a warranty deed is puts me under their jurisdiction.
[46:44.880 --> 46:51.880] So it certainly doesn't. It's not going to hurt me to send in a request, an appeal of this determination.
[46:51.880 --> 46:58.880] But the way these things normally go, in my experience, is they're they're they're setting up to ambush me.
[46:58.880 --> 47:09.880] Well, first off, what law gives them the authority to convert the declared use of your property into something without your consent?
[47:09.880 --> 47:14.880] Well, you know, they do just do whatever they want to do. No, no, no, no, no, no.
[47:14.880 --> 47:22.880] They may try to do that. But you can use their own crowbar against them.
[47:22.880 --> 47:35.880] You just have to know what the right crowbar is. Don't assume they can do it and just get away with it.
[47:35.880 --> 47:42.880] Well, I think the law is on my side, but I have to I have to put them in the pretzel hold and make them see it my way.
[47:42.880 --> 47:48.880] Well, that's true. And you've got to find the law that makes it your side.
[47:48.880 --> 47:57.880] Right. From your experience, like I said, I expect they're they're going to try to treat me like a mushroom, get me over there and ambush me.
[47:57.880 --> 48:05.880] And I'm wondering if I shouldn't file a Freedom of Information Act request for person documents.
[48:05.880 --> 48:11.880] Well, absolutely. The more information you walk into this with, the better off you are.
[48:11.880 --> 48:27.880] Well, what sort of what sort of information would would you think would be you want a copy of all the records by the tax assessor relating to his inspection or whatever the law requires him to do?
[48:27.880 --> 48:35.880] Inspection, determination, assessment, whatever the steps and procedures are for that particular piece of property.
[48:35.880 --> 48:43.880] Yeah, according to my research. Yeah. Make sure you give them the legal description of the property as it is on the deed so that they can't claim.
[48:43.880 --> 48:49.880] Oh, I'm sorry. You meant that piece of property. We didn't fully understand what you asked for.
[48:49.880 --> 49:07.880] Yeah. OK. So, yeah, as far as getting this thing off the tax rolls, I think I remember you saying there's really no silver bullet that works in all situations, but.
[49:07.880 --> 49:12.880] No, the only people that have silver bullets is Lone Ranger and werewolf hunters.
[49:12.880 --> 49:22.880] Yeah, I don't have any of those. So you're saying I'm I'm a legal owner, but I'm not equitable owner.
[49:22.880 --> 49:30.880] Correct. Look up the legal definition in Black's law for both of those terms and you will see exactly what the difference is.
[49:30.880 --> 49:39.880] Yeah. OK, well, I won't drag it out. That's I got I got research to do, but you got some reading to do.
[49:39.880 --> 49:45.880] Yeah. All right, Eddie, that's all. Thanks a lot for your help. All right. Thanks for calling in.
[49:45.880 --> 49:51.880] OK, now we're going to go to Rob in New Mexico. Rob in New Mexico.
[49:51.880 --> 49:56.880] All right. Hey, Eddie, can you hear me all right? So far. Cool.
[49:56.880 --> 50:01.880] Hopefully my battery will hold up. All right. I got some good news.
[50:01.880 --> 50:08.880] I don't know if you remember my wife's magistrate court case with transportation citation to go.
[50:08.880 --> 50:16.880] Well, we we lost that in the jury trial. I filed there had her file the notice of appeal and I misdirected her,
[50:16.880 --> 50:22.880] had her file that notice of appeal in the magistrate court. It was supposed to go to the district court.
[50:22.880 --> 50:27.880] She got the notice of failure to pay for the magistrate court.
[50:27.880 --> 50:32.880] So on the day that she was supposed to go to that hearing, we went down to the district court,
[50:32.880 --> 50:40.880] filed a notice of appeal with a motion for extension of time, asking for an extension of time to file the appeal to that day.
[50:40.880 --> 50:49.880] And they granted it great. So we went back down to the magistrate court with all the papers from the district court.
[50:49.880 --> 51:06.880] And they were mad at us. But the county is now trying to come after me for animals roaming at large in a fence out state because my goats get out of the yard every once in a while.
[51:06.880 --> 51:16.880] And they filed a criminal complaint against me in the magistrate court on for animals roaming at large on a day that I was not in the state.
[51:16.880 --> 51:28.880] My wife was out of town with the girls and my father and stepmother and had the goats locked up in an indoor pen that we have completely enclosed.
[51:28.880 --> 51:33.880] There's no way they got out that day. But aside from that, it is a fence out state.
[51:33.880 --> 51:41.880] So the ordinance is, you know, just null and void. And I've got a New Mexico Supreme Court decision from last year.
[51:41.880 --> 51:46.880] Okay. Wait, wait, wait. Explain to everybody listening what a fence out state is.
[51:46.880 --> 51:55.880] It's an open range state. Free range state means livestock can graze freely on any unfenced land, whether it's private or non-private.
[51:55.880 --> 51:59.880] And do goats fall within their legal definition of livestock?
[51:59.880 --> 52:01.880] Absolutely.
[52:01.880 --> 52:02.880] Okay.
[52:02.880 --> 52:21.880] Yeah. So they we've had complaints from one neighbor because they've gotten into her yard. She does not have a fence. The statutes in New Mexico specifically require that private property be fenced if you want to make a claim against somebody's livestock getting on your property.
[52:21.880 --> 52:27.880] So if you don't want other people's livestock on your property, you have to put up a fence to keep them out.
[52:27.880 --> 52:29.880] That's what the principle of fence out state is.
[52:29.880 --> 52:36.880] Okay. So sounds to me like you're going to have a malicious prosecution suit against whoever issued the citation.
[52:36.880 --> 52:44.880] Oh, absolutely. Not to mention the false complaint to begin with, because the goats were not out on the day that he alleges they were.
[52:44.880 --> 52:47.880] But I understand the Supreme Court.
[52:47.880 --> 52:54.880] Okay. Well, again, here, how do you plan on playing that out and making him prove himself the liar in court?
[52:54.880 --> 53:09.880] Well, I'm going to start by getting the dispatch records. I'm going to continue on by producing records of him filing a false request in the past to obtain a search warrant.
[53:09.880 --> 53:11.880] Now him being who?
[53:11.880 --> 53:26.880] He was the animal control officer. He used to be a sheriff's deputy, and I was talking to our assistant DA yesterday, and he informed me that this particular individual a couple years back lied to get a warrant.
[53:26.880 --> 53:37.880] He found a mobile meth lab and performed an illegal search, put everything back where he found it, and then went and got a warrant saying that he suspected it was there but hadn't searched it yet.
[53:37.880 --> 53:40.880] And he got caught.
[53:40.880 --> 53:42.880] I do like when that happens.
[53:42.880 --> 53:43.880] Yeah.
[53:43.880 --> 53:46.880] That's why he's now a dog catcher, literally.
[53:46.880 --> 53:55.880] Right, right. I would like to see the mobile meth lab go down. Unfortunately, they got off, but I think that's small potatoes compared to corrupt public serpents.
[53:55.880 --> 53:58.880] I would contend you are correct.
[53:58.880 --> 54:14.880] Yeah, last year the state supreme court in an almost identical case the next county over ruled that a county ordinance for stating that animals cannot be running at large is invalid because it contradicts state law.
[54:14.880 --> 54:17.880] Of course, which it cannot do.
[54:17.880 --> 54:18.880] Yeah.
[54:18.880 --> 54:21.880] Okay, now here's the other question.
[54:21.880 --> 54:24.880] Do you have game cameras on your property?
[54:24.880 --> 54:26.880] No, I don't. Dang it.
[54:26.880 --> 54:34.880] You need to get a few. Odds are this individual may be even coming onto your property to intentionally release these animals so he can make these charges.
[54:34.880 --> 54:42.880] Well, I know he came on my property one time because we called them about threats that the annoying neighbor made against my wife.
[54:42.880 --> 54:46.880] Okay, but what I'm talking about is his uninvited presence.
[54:46.880 --> 55:04.880] Oh, yeah, no, he wasn't invited. We were up in the next town off the interstate and we told them that we were up there and they came onto my property. The neighbor called them and called us and told a different neighbor, sorry, different neighbor, a friend of ours called us and told us that there were two deputies here on our property.
[55:04.880 --> 55:07.880] So we called back down to dispatch, asked to be patched into them.
[55:07.880 --> 55:10.880] Wait, were they deputies or were they animal control?
[55:10.880 --> 55:22.880] One of them was a deputy. I suspect that the other one was the animal control officer because the allegations made by the animal control officer are based on a report from a deputy.
[55:22.880 --> 55:26.880] There were two individuals on my deck. The one that I talked to was a deputy.
[55:26.880 --> 55:37.880] The one I talked to on the phone informed him that he was trespassing, that I didn't want them to come into my house, that I wanted them to come up to the town where we were at about five miles north of here.
[55:37.880 --> 55:51.880] Okay. So that's good, too, because the trespassing laws say that if you are informed that you are trespassing, you must leave. And he argued with me about whether he was trespassing or not and stayed here for another 15 minutes.
[55:51.880 --> 56:00.880] Okay. Well, I'd go ahead and file my criminal complaints against them now and start getting my causes of action drawn up to sue.
[56:00.880 --> 56:04.880] All right. Good deal.
[56:04.880 --> 56:14.880] Because if they're trespassing and they're intentionally trying to prosecute you or levy charges against you that they know state law prohibits, that's malicious prosecution.
[56:14.880 --> 56:21.880] That's an intentional act to cause you harm or stress or to harass you.
[56:21.880 --> 56:23.880] And it's illegal.
[56:23.880 --> 56:26.880] You just need to find the New Mexico law that makes it illegal.
[56:26.880 --> 56:30.880] No, I got that one already. I just hope he has a bass boat because I really want one.
[56:30.880 --> 56:34.880] Oh, well, that would be nice.
[56:34.880 --> 56:38.880] I don't know. You're in New Mexico. They'd only be man-made holes to put it in, wouldn't they?
[56:38.880 --> 56:40.880] Oh, we got a couple of small lakes.
[56:40.880 --> 56:41.880] All right. Well, okay.
[56:41.880 --> 56:42.880] A couple of small lakes would work.
[56:42.880 --> 56:45.880] All right. Well, offer to tow him behind it with the rope around his neck.
[56:45.880 --> 56:51.880] Yeah. I would love to do that. I would love to. But I didn't say that. I'm sorry. No, I have nothing.
[56:51.880 --> 57:00.880] You can say, hey, come on over. I'll let you look at your bass boat from the end of the driveway.
[57:00.880 --> 57:02.880] Hello.
[57:02.880 --> 57:05.880] Oh, he dropped off the line.
[57:05.880 --> 57:10.880] I will. Hopefully he'll call back in. We'll wrap that up real quick. If not, we'll continue on.
[57:10.880 --> 57:13.880] Right now, we'll go ahead and take Ike in Texas.
[57:13.880 --> 57:15.880] Ike, what can we do for you?
[57:15.880 --> 57:19.880] Well, I'm assuming it's Ike and not IKEA without the A.
[57:19.880 --> 57:21.880] So it's Ike.
[57:21.880 --> 57:22.880] Okay.
[57:22.880 --> 57:30.880] All right. Well, I got a chicken problem. I was cited for having a chicken. And the citation...
[57:30.880 --> 57:33.880] Was it basted and browned or still wearing the feathers?
[57:33.880 --> 57:39.880] Well, they were still wearing, but you know, I'll tell you, this is what gets me about this.
[57:39.880 --> 57:47.880] I've got pit bulls all the way around me that have cause. They've tore my property up, other people's properties.
[57:47.880 --> 57:53.880] I'm putting the fence up just to keep these dogs out, and I get cited for a chicken.
[57:53.880 --> 57:56.880] Oh, okay.
[57:56.880 --> 57:58.880] I hear the music, so do I need to wait?
[57:58.880 --> 58:05.880] Yeah, if you'll hang on. I can give you about 20 more seconds. When you say you get cited for chickens, where do you keep the chicken?
[58:05.880 --> 58:11.880] Well, they were in my backyard, and I had animal control office with an officer, a cop, whatever you want to call him.
[58:11.880 --> 58:20.880] I heard these dogs barking, going crazy next door, and I walked up and looked out my back window, and he was back there looking at these chickens.
[58:20.880 --> 58:22.880] He was in your yard?
[58:22.880 --> 58:23.880] In my yard.
[58:23.880 --> 58:24.880] Without your consent?
[58:24.880 --> 58:25.880] Without my consent.
[58:25.880 --> 58:27.880] Is your property posted?
[58:27.880 --> 58:33.880] It's not posted, but I have a fence going up where he walks between two posts.
[58:33.880 --> 58:36.880] Okay. Well, hang on just a second. We'll pick this up on the other side, Ike.
[58:36.880 --> 58:44.880] All right, folks, Rule of Law Radio 512-646-1984. Give us a call. We've got about an hour left. We'll be right back.
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[01:00:14.880 --> 01:00:26.880] John Bush here with your Liberty Beat for June 3, 2013. Gold opened today at $1,407, silver at $22.23, and bitcoin is trading at $118.
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[01:03:18.880 --> 01:03:34.880] All right, folks, we are back. This is Rule of Law Radio. We are talking to Ike in Texas.
[01:03:34.880 --> 01:03:38.880] Ike with chickens. All right, Ike, go ahead.
[01:03:38.880 --> 01:03:51.880] OK, well, the dogs were going crazy. I went to my back window and I saw this animal control guy out there looking at my chicken.
[01:03:51.880 --> 01:03:58.880] And so I walked out on my back porch. It just so happened that I was going to get rid of those chickens that day.
[01:03:58.880 --> 01:04:04.880] But the thing is, when I walked out, I asked him, I said, can I help you?
[01:04:04.880 --> 01:04:11.880] And I walked over to the edge of the porch. He walked over to me and he said, you cannot have these chickens here in this yard.
[01:04:11.880 --> 01:04:17.880] I said, you do know you're on private property. And he says, I am not on private property.
[01:04:17.880 --> 01:04:22.880] I said, yes, you are. And of course, we argued back and forth. He asked me to come to his truck.
[01:04:22.880 --> 01:04:29.880] He wanted me to go with him, which I told him I said I was not going anywhere with you, that you were on private property.
[01:04:29.880 --> 01:04:35.880] And of course, basically he said I was in violation. He had a report.
[01:04:35.880 --> 01:04:42.880] And anyway, he went to the front. He said, is this the way it's going to be? I said, yes, it is.
[01:04:42.880 --> 01:04:46.880] He walked to the front. And of course, I knew he was going to call backup.
[01:04:46.880 --> 01:04:54.880] So I went up front and was kind of waiting on him. I went and got my recorder and waited for him to call his backup.
[01:04:54.880 --> 01:05:04.880] And sure enough, here come a cop. And then after about 15 minutes, they come to the front, knocked on my front door and rang my doorbell, which I met them.
[01:05:04.880 --> 01:05:12.880] And they presented me with this citation. And of course, I told them then, I said, you're on private property.
[01:05:12.880 --> 01:05:17.880] And I said, I want to see the law that says I need to be issued this citation.
[01:05:17.880 --> 01:05:24.880] Of course, they said I was just in violation of state regulation or city regulation.
[01:05:24.880 --> 01:05:36.880] So this is a new game to me. And since I've run across you all and I'm, you know, this really ticked me off because he confronted me with this.
[01:05:36.880 --> 01:05:43.880] It really ticked me off bad. But I'm trying to figure out what I need to do because I'd like to confront this.
[01:05:43.880 --> 01:05:48.880] I have to appear before all the judge within 15 days.
[01:05:48.880 --> 01:05:54.880] And this happened this last Friday. And I need just a little advice.
[01:05:54.880 --> 01:05:59.880] OK, well, what city are you in? I'm in Gainesville, Texas.
[01:05:59.880 --> 01:06:04.880] And have you read this so-called ordinance are saying that you violated? Yeah.
[01:06:04.880 --> 01:06:10.880] Because I guarantee you're going to find one of two things if you read the ordinances carefully.
[01:06:10.880 --> 01:06:22.880] One, when it comes to having animals on private property, those ordinances apply only to commercial individuals or entities of a legal nature.
[01:06:22.880 --> 01:06:29.880] Incorporated businesses or someone that's actually operating a business that involves animals.
[01:06:29.880 --> 01:06:34.880] For instance, a dog grooming service, whether it's incorporated or not.
[01:06:34.880 --> 01:06:42.880] This ticket that they issued me because he wanted me to go out across the street with him.
[01:06:42.880 --> 01:06:46.880] And of course, he asked me for my I.D., which I would not give it to him.
[01:06:46.880 --> 01:06:51.880] And I would not go across the street because I kept telling him I was on private property.
[01:06:51.880 --> 01:06:55.880] Did you sign the ticket? No, I would not sign the ticket.
[01:06:55.880 --> 01:07:00.880] Matter of fact, he threw him the cough when they met me on the front porch.
[01:07:00.880 --> 01:07:05.880] I would not sign it. He looked at that cough like, you know, you know, what am I supposed to do?
[01:07:05.880 --> 01:07:09.880] And the cops, it was stored on the ground. And that's what they did.
[01:07:09.880 --> 01:07:15.880] And then he turned around, walked off and he said, just wait till the judge gets through with you.
[01:07:15.880 --> 01:07:19.880] Who said that? The cop or the animal control? Animal control.
[01:07:19.880 --> 01:07:28.880] Please tell me you're recording all this. The thing is, when they were walking off, I was trying to listen to it and I did not get it.
[01:07:28.880 --> 01:07:33.880] But I had my recorder in hand, but they were too far away for it to be recorded.
[01:07:33.880 --> 01:07:38.880] OK. Hmm. That kicked me off.
[01:07:38.880 --> 01:07:41.880] That's why video is always better.
[01:07:41.880 --> 01:07:52.880] Well, like I say, I was, you know, when I saw the guy back there, I immediately went back here on the back porch because, you know, it really pissed me off when he did that.
[01:07:52.880 --> 01:07:58.880] You know, he had no right being on my property and I want to know what he was doing.
[01:07:58.880 --> 01:08:05.880] And like I say, I didn't think about getting my camera. It's got video and all this other stuff on it, but I just didn't do it.
[01:08:05.880 --> 01:08:11.880] And then when I come back in the house, when he went to the front, that's when I grabbed a little recorder.
[01:08:11.880 --> 01:08:19.880] OK. But other than that, you know, I knew that if I went out there to his truck, they could have probably arrested me and done the whole nine yards on me.
[01:08:19.880 --> 01:08:29.880] But I wasn't about to sign his ticket. And, you know, I just wasn't going to do it because I knew if I did that, then that would give them grounds to say that, yes, I was in commerce.
[01:08:29.880 --> 01:08:40.880] I do listen to you. And I mean, my God, I am shocked how dumbed down we are, how dumbed down Americans are, you know?
[01:08:40.880 --> 01:08:42.880] Yeah, we are definitely that.
[01:08:42.880 --> 01:08:47.880] You are a lot. But I am trying to learn, so teach me.
[01:08:47.880 --> 01:08:54.880] OK, well, a couple of things. Of course, you know that the ordinances themselves are not state law in Texas. They're not even close.
[01:08:54.880 --> 01:08:55.880] Yes.
[01:08:55.880 --> 01:09:02.880] So that means an ordinance, because it's issued by what, is only applicable to what and who?
[01:09:02.880 --> 01:09:06.880] That's for the city workers or people that work for the city.
[01:09:06.880 --> 01:09:14.880] An ordinance is a municipal rule. And the municipality is, in fact, in Texas, a what?
[01:09:14.880 --> 01:09:15.880] I'm sorry.
[01:09:15.880 --> 01:09:18.880] It's an incorporated entity.
[01:09:18.880 --> 01:09:19.880] Oh, OK.
[01:09:19.880 --> 01:09:23.880] Therefore, it's a legal entity. OK?
[01:09:23.880 --> 01:09:24.880] OK.
[01:09:24.880 --> 01:09:35.880] And that legal entity can only govern its own employees and any other legal entities within its jurisdiction.
[01:09:35.880 --> 01:09:47.880] And anyone contracted with the legal entity known as the municipality that has a contract that causes them to be bound by rules and regulations of the municipality.
[01:09:47.880 --> 01:09:51.880] If it can't be law, that's all it can be, right?
[01:09:51.880 --> 01:09:52.880] Right.
[01:09:52.880 --> 01:09:59.880] And in order for you to be bound to the municipality, you must have some duty to the municipality.
[01:09:59.880 --> 01:10:10.880] And the only people I know of that do that are legal entities, the corporate employees and the corporate contracted.
[01:10:10.880 --> 01:10:17.880] So that's problem number one. The ordinance is not a law. Therefore, without your consent, it cannot bind you.
[01:10:17.880 --> 01:10:18.880] OK.
[01:10:18.880 --> 01:10:19.880] OK.
[01:10:19.880 --> 01:10:24.880] Second thing is, is to read that ordinance carefully. I'm sorry. Go ahead.
[01:10:24.880 --> 01:10:30.880] For me, not signing this or agreeing to this, I am not bound by this at all.
[01:10:30.880 --> 01:10:35.880] If I had assigned it, then I'm giving them the right because this is just a regular ticket.
[01:10:35.880 --> 01:10:37.880] Like you get, you know, a highway patrol or.
[01:10:37.880 --> 01:10:44.880] Well, yeah, but I mean, you don't know whether or not this so-called ticket represents a civil ordinance or a criminal ordinance.
[01:10:44.880 --> 01:10:45.880] Yes.
[01:10:45.880 --> 01:10:58.880] And see, here's the problem. An ordinance that declares something a crime is in direct violation of Article three, section twenty nine through thirty five of the Texas Constitution.
[01:10:58.880 --> 01:11:03.880] Here's why. Only the legislature has law making power.
[01:11:03.880 --> 01:11:08.880] Only the legislature has the authority to declare something a criminal act.
[01:11:08.880 --> 01:11:14.880] The legislature is forbidden to create local law.
[01:11:14.880 --> 01:11:22.880] If the legislature can't create it, it cannot delegate the power to someone else to do it in their place.
[01:11:22.880 --> 01:11:34.880] Therefore, the municipality cannot create a crime via ordinance because crimes can only be prosecuted in the name of the state.
[01:11:34.880 --> 01:11:40.880] And there is no such crime at the state level.
[01:11:40.880 --> 01:11:50.880] So this is all straight up common sense, folks. Yes.
[01:11:50.880 --> 01:12:00.880] Tell you what, one of the things I'm looking at is that I know that I have to go down there and, you know, appear supposedly,
[01:12:00.880 --> 01:12:10.880] but I'm sure I'm probably going to get somebody in the front office or whoever and that's going to act as a judge.
[01:12:10.880 --> 01:12:16.880] Well, again, that depends. It may be an actual municipal judge or someone pretending to be.
[01:12:16.880 --> 01:12:26.880] But unless you've got their oath of office, their anti-bribery statement and their bond, you don't know that.
[01:12:26.880 --> 01:12:31.880] OK. And, of course, they have to be current.
[01:12:31.880 --> 01:12:34.880] OK.
[01:12:34.880 --> 01:12:38.880] Well, they even got the judge on here.
[01:12:38.880 --> 01:12:44.880] And who does it say the judge is? A commissioner, an administrative hearing and municipal judge, what?
[01:12:44.880 --> 01:12:49.880] It says a municipal court and is Judge Seyfried.
[01:12:49.880 --> 01:12:56.880] OK. Then they're attempting to say that it's criminal because the municipal court's jurisdiction is criminal only.
[01:12:56.880 --> 01:13:04.880] Wow. Are you kidding? That blows my mind. That's criminal.
[01:13:04.880 --> 01:13:12.880] See, and that's the problem. If the ordinance has declared a crime, the ordinance is in direct violation of the Texas Constitution.
[01:13:12.880 --> 01:13:15.880] Yes. And that's what I got to dig into.
[01:13:15.880 --> 01:13:21.880] Because here's the problem. Again, only the state can prosecute a criminal act.
[01:13:21.880 --> 01:13:28.880] It has to be done in the name of the state and a municipal attorney cannot represent the state.
[01:13:28.880 --> 01:13:43.880] The Constitution of Texas specifically assigns the prosecutorial power of the state to the county and district attorney only.
[01:13:43.880 --> 01:13:44.880] Unreal.
[01:13:44.880 --> 01:13:46.880] So, again, it's a rigged system.
[01:13:46.880 --> 01:13:47.880] Yes.
[01:13:47.880 --> 01:13:51.880] And you have to understand that.
[01:13:51.880 --> 01:13:57.880] So when I go down there, it doesn't I mean, basically, they're just going to.
[01:13:57.880 --> 01:14:03.880] You didn't sign a promise to appear. So you're not obligated to appear.
[01:14:03.880 --> 01:14:07.880] The only thing they can do.
[01:14:07.880 --> 01:14:15.880] If they follow procedure is to get someone to swear out a complaint and then they have to serve you with the complaint.
[01:14:15.880 --> 01:14:22.880] Then and only then can they send you a summons to appear in court and they won't send you a summons.
[01:14:22.880 --> 01:14:29.880] They'll send you a letter which has no binding authority under law.
[01:14:29.880 --> 01:14:37.880] But again, they're trying to summon you for an act that is not a crime if it exists only as an ordinance.
[01:14:37.880 --> 01:14:48.880] And it must exist only as an ordinance because the legislature is forbidden to create local law, which is exactly what this would have to be.
[01:14:48.880 --> 01:15:03.880] The legislature would have to outlaw all chickens on all locations because their level of law is general only.
[01:15:03.880 --> 01:15:07.880] I tell you.
[01:15:07.880 --> 01:15:10.880] I tell you, this just blows me away.
[01:15:10.880 --> 01:15:18.880] It really does. Look, y'all, all you folks in Dallas, y'all need to all get together when tav laws up.
[01:15:18.880 --> 01:15:24.880] That'll be easy to do, by the way, if y'all become members, you can start groups and converse with people in your area.
[01:15:24.880 --> 01:15:31.880] But y'all need to carpool or something. Get a bunch of people in a big van and come to the Sunday class one Sunday or 12.
[01:15:31.880 --> 01:15:34.880] But you're in Austin, right? Yes.
[01:15:34.880 --> 01:15:40.880] OK. OK. Yeah, that's that's cool. I've actually got the relatives down there.
[01:15:40.880 --> 01:15:48.880] I think you'll pay them a visit. As far as what I need to do, do I need to go and appear at this thing?
[01:15:48.880 --> 01:15:52.880] Again, you did not sign a promise to appear, did you?
[01:15:52.880 --> 01:16:02.880] OK. Well, like I said, the only thing they can do legally, if they had any jurisdiction to do anything,
[01:16:02.880 --> 01:16:06.880] which they don't, but they're going to act as if they do. And if they're going to act that way,
[01:16:06.880 --> 01:16:14.880] the only thing the law authorizes them to do at this point is to create a complaint and serve you with it,
[01:16:14.880 --> 01:16:22.880] along with a summons to appear in court. The summons has to be issued under Chapter 23 of the Code of Criminal Procedure.
[01:16:22.880 --> 01:16:28.880] What you get will not comply with the requisites of a summons.
[01:16:28.880 --> 01:16:34.880] It will be a form letter. OK? OK.
[01:16:34.880 --> 01:16:36.880] You'll need to challenge all of it.
[01:16:36.880 --> 01:16:41.880] But if you want to know how to do that, you'd have to have a similar material, because all the docs for doing it are already in there.
[01:16:41.880 --> 01:16:46.880] You do this. OK. I can order this online. Yeah. Hey, go ahead.
[01:16:46.880 --> 01:16:54.880] Send me an email. I cannot take care of that. OK. All right, folks, this is Rule Law Radio calling number 512-646-1984.
[01:16:54.880 --> 01:16:59.880] I'll be right back.
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[01:18:59.880 --> 01:19:09.880] This is the Logos Radio Network.
[01:19:21.880 --> 01:19:25.880] Alright folks, we are back. This is Rule of Law Radio.
[01:19:25.880 --> 01:19:29.880] Okay, 512-646-1984.
[01:19:29.880 --> 01:19:36.880] Alright Ike, just send me an email to eddyedie at ruleoflawradio.com
[01:19:36.880 --> 01:19:41.880] and I can send you information about how to get your hands on the seminar material.
[01:19:41.880 --> 01:19:45.880] Well listen, I do appreciate what you do. You're a wealth of knowledge.
[01:19:45.880 --> 01:19:50.880] I will listen. I want to support your program because I'm going to tell you, everybody needs to know this.
[01:19:50.880 --> 01:19:52.880] I do thank you.
[01:19:52.880 --> 01:19:55.880] Well thank you for calling in and I appreciate the kind words.
[01:19:55.880 --> 01:19:58.880] Okay, appreciate it. Bye bye.
[01:19:58.880 --> 01:20:03.880] Alright, now we're going to go to Ray in Texas. Ray, what can we do for you?
[01:20:03.880 --> 01:20:07.880] Hey Eddie, first time caller. Thanks in advance for your advice and help.
[01:20:07.880 --> 01:20:15.880] I got a traffic citation in Austin through the Austin Municipal Court for speeding doing 65 in a 55.
[01:20:15.880 --> 01:20:21.880] This happened in January of this year and I've called in several times to the municipal court number
[01:20:21.880 --> 01:20:26.880] but the ticket has never been entered into the system and they keep telling me to call back
[01:20:26.880 --> 01:20:29.880] and they have two years to enter that into their system.
[01:20:29.880 --> 01:20:33.880] What is your thoughts or advice for me to do on this citation?
[01:20:33.880 --> 01:20:40.880] Okay, first off, if they're not putting it in the computer then the cop probably hasn't filed it.
[01:20:40.880 --> 01:20:47.880] And they're right, they have up to two years to actually initiate the complaint.
[01:20:47.880 --> 01:20:53.880] But they've also only got two years from the date of the offense to prosecute it.
[01:20:53.880 --> 01:21:02.880] They can't file the complaint one day before the expiration of two years and still have two years left to prosecute it.
[01:21:02.880 --> 01:21:04.880] That makes sense.
[01:21:04.880 --> 01:21:09.880] Okay, because there is a statute of limitations on these. All misdemeanors is two years.
[01:21:09.880 --> 01:21:17.880] Okay, so at the moment there's nothing for you to do simply because there's no issue in the court.
[01:21:17.880 --> 01:21:25.880] Now, granted, that normally doesn't ever stop them because until someone actually files a formal complaint
[01:21:25.880 --> 01:21:35.880] and the complaint itself is based on the citation, okay, then there is no issue to even talk about.
[01:21:35.880 --> 01:21:42.880] The ticket does not constitute a complaint granting the court jurisdiction to do anything.
[01:21:42.880 --> 01:21:43.880] Right.
[01:21:43.880 --> 01:21:48.880] The complaint does not grant the court jurisdiction to actually go to trial.
[01:21:48.880 --> 01:21:57.880] It only gives the court jurisdiction to do two things, conduct a 15.17 code of criminal procedure itself,
[01:21:57.880 --> 01:22:06.880] they call it the magistration, and to conduct an examining trial after that magistration.
[01:22:06.880 --> 01:22:11.880] Because it's at the examining trial where the termination of probable cause is supposed to be made
[01:22:11.880 --> 01:22:19.880] and then a probable cause order entered and then an actual cause created by filing an information
[01:22:19.880 --> 01:22:24.880] and the complaint with the grand jury for an indictment.
[01:22:24.880 --> 01:22:28.880] All steps that they completely ignore in these cases.
[01:22:28.880 --> 01:22:31.880] Okay.
[01:22:31.880 --> 01:22:37.880] That's because none of them have ever bothered to read the relevant statutes on this subject.
[01:22:37.880 --> 01:22:44.880] This new book I'm doing is going to make the judiciary look like the incompetent idiots they are.
[01:22:44.880 --> 01:22:48.880] Good for you.
[01:22:48.880 --> 01:22:54.880] Because when you piece all this together you can prove the majority of appellate and opinions
[01:22:54.880 --> 01:23:02.880] on how the municipal courts and JP courts are to handle class C fine onlys is completely wrong.
[01:23:02.880 --> 01:23:05.880] Wow.
[01:23:05.880 --> 01:23:06.880] Interesting.
[01:23:06.880 --> 01:23:11.880] So at this point my move is to just wait and they said they were going to send me a letter.
[01:23:11.880 --> 01:23:12.880] Do I wait for them?
[01:23:12.880 --> 01:23:14.880] You don't do anything with a letter.
[01:23:14.880 --> 01:23:17.880] A letter has no authority under law.
[01:23:17.880 --> 01:23:18.880] Okay.
[01:23:18.880 --> 01:23:24.880] For them to do anything at this point they have to have a complaint to do anything.
[01:23:24.880 --> 01:23:25.880] Okay.
[01:23:25.880 --> 01:23:31.880] What's going to happen though is if and when the citation ever actually shows up
[01:23:31.880 --> 01:23:36.880] they will move forward based solely on the citation.
[01:23:36.880 --> 01:23:46.880] That's illegal because under 27.14D the citation can be substituted for a complaint supposedly
[01:23:46.880 --> 01:23:54.880] only if you and the prosecutor have jointly signed a written waiver for an actual sworn complaint.
[01:23:54.880 --> 01:23:56.880] Which you haven't done right?
[01:23:56.880 --> 01:23:58.880] No I haven't signed that no.
[01:23:58.880 --> 01:24:02.880] Yeah and then there's the other problem of the constitutional requirement that only an indictment
[01:24:02.880 --> 01:24:06.880] or information vests the court with jurisdiction of the cause.
[01:24:06.880 --> 01:24:13.880] And a complaint or a citation doesn't meet that criteria in any way shape or form.
[01:24:13.880 --> 01:24:22.880] Plus the citation does not meet the requisites of a complaint under 45.019A.
[01:24:22.880 --> 01:24:29.880] Which says in order for a complaint to be valid in these courts for these cases it must have all of these requisites.
[01:24:29.880 --> 01:24:32.880] And they're not all on the citation.
[01:24:32.880 --> 01:24:33.880] Okay.
[01:24:33.880 --> 01:24:40.880] So even if you sign the waiver the citation by law can never be a complaint.
[01:24:40.880 --> 01:24:44.880] It can never act as a substitute for a complaint.
[01:24:44.880 --> 01:24:52.880] Because no one can waive what is required to give the court jurisdiction.
[01:24:52.880 --> 01:25:02.880] If the constitution says one of two things is required to grant it then the legislature can't arbitrarily create a statute that waives it.
[01:25:02.880 --> 01:25:04.880] That makes sense.
[01:25:04.880 --> 01:25:06.880] You would think so wouldn't you?
[01:25:06.880 --> 01:25:14.880] But you would be astounded at the number of Texas courts that can't seem to make heads or tails of that argument.
[01:25:14.880 --> 01:25:17.880] And to me that's just being willfully stupid.
[01:25:17.880 --> 01:25:18.880] Not ignorant.
[01:25:18.880 --> 01:25:22.880] Stupid.
[01:25:22.880 --> 01:25:25.880] I agree.
[01:25:25.880 --> 01:25:30.880] So I'm supposed to wait for them to file a complaint and then will I be sent a summons?
[01:25:30.880 --> 01:25:33.880] They will send you a letter.
[01:25:33.880 --> 01:25:34.880] A letter.
[01:25:34.880 --> 01:25:37.880] Yep. They will never send you a copy of the complaint.
[01:25:37.880 --> 01:25:42.880] To do that would mean they're complying with law and I have yet to see them do that.
[01:25:42.880 --> 01:25:47.880] So if and when I get my letter then my next course of action is?
[01:25:47.880 --> 01:25:56.880] Go down immediately and get everything that supposedly exists in the court record relating to the case number they'll have on that letter.
[01:25:56.880 --> 01:26:03.880] If you do not have the seminar material you're going to need it and it would probably be better that you get it before you need it.
[01:26:03.880 --> 01:26:06.880] At least then you've got study time.
[01:26:06.880 --> 01:26:07.880] Right.
[01:26:07.880 --> 01:26:12.880] Okay. Plus all the court paperwork you would need to start fighting this is going to be in there.
[01:26:12.880 --> 01:26:21.880] And if you are in Austin get your butt to the Sunday classes because teaching you how to take this to court and how to deal with the stop itself is exactly what we're doing.
[01:26:21.880 --> 01:26:24.880] Practical application of the law.
[01:26:24.880 --> 01:26:27.880] Okay.
[01:26:27.880 --> 01:26:28.880] Okay.
[01:26:28.880 --> 01:26:33.880] That's good. And so I need to go down and get everything they have on the case.
[01:26:33.880 --> 01:26:38.880] Correct. Go down to the municipal court and say I need to see the record for this cause number.
[01:26:38.880 --> 01:26:43.880] And I need a copy of everything that's supposedly in that record.
[01:26:43.880 --> 01:26:46.880] And I guarantee you you're going to find one thing.
[01:26:46.880 --> 01:26:49.880] The citation and nothing else.
[01:26:49.880 --> 01:26:50.880] Right.
[01:26:50.880 --> 01:26:55.880] Well without an actual complaint they can't create an information.
[01:26:55.880 --> 01:26:59.880] Without an information they cannot create a cause number.
[01:26:59.880 --> 01:27:06.880] Because only an indictment or information gives a court jurisdiction for a cause.
[01:27:06.880 --> 01:27:08.880] Okay.
[01:27:08.880 --> 01:27:10.880] Now the cause number is the number of my ticket?
[01:27:10.880 --> 01:27:15.880] No. The cause number will be the case number that they assigned to that ticket.
[01:27:15.880 --> 01:27:18.880] Got it. So the case number equals the cause number. So what's your sign?
[01:27:18.880 --> 01:27:19.880] Correct.
[01:27:19.880 --> 01:27:20.880] Thank you.
[01:27:20.880 --> 01:27:23.880] You're welcome. Anything else?
[01:27:23.880 --> 01:27:25.880] No. What time's your Sunday class?
[01:27:25.880 --> 01:27:31.880] From 2 to 5 and it usually goes 2 to 6 down at Brave New Books 1904 Guadalupe Street.
[01:27:31.880 --> 01:27:32.880] Every Sunday.
[01:27:32.880 --> 01:27:34.880] Every Sunday. What's the cost?
[01:27:34.880 --> 01:27:38.880] First class is free. Substant classes are 20 bucks.
[01:27:38.880 --> 01:27:41.880] Great. I'll come down and give you a shout.
[01:27:41.880 --> 01:27:43.880] Alright. Hope to see you there Ray.
[01:27:43.880 --> 01:27:45.880] Thanks for all your help today Eddie.
[01:27:45.880 --> 01:27:46.880] Yep. Alright. Bye bye.
[01:27:46.880 --> 01:27:51.880] Alright. Now we're going to go to Ranger Ron in Virginia.
[01:27:51.880 --> 01:27:52.880] Ranger Ron?
[01:27:52.880 --> 01:27:53.880] How you doing Eddie?
[01:27:53.880 --> 01:27:55.880] So far so grand.
[01:27:55.880 --> 01:28:05.880] Listen, I didn't know you knew so much about deeds because I just sent for a copy of my warranty deed today.
[01:28:05.880 --> 01:28:09.880] And I'm going to get it and read it because I've never seen one.
[01:28:09.880 --> 01:28:11.880] And then I'm going after these people by...
[01:28:11.880 --> 01:28:19.880] Oh well you'll be also interested to know then if you look on your warranty deed the term you wish to be searching for is the term tenant.
[01:28:19.880 --> 01:28:21.880] That will be you.
[01:28:21.880 --> 01:28:32.880] Right. Right. But anyways in 2006, December, the judge sent me to court to jail for 90 days.
[01:28:32.880 --> 01:28:34.880] And I said for what?
[01:28:34.880 --> 01:28:38.880] And she said because the goat was on your property.
[01:28:38.880 --> 01:28:40.880] This might help the guy with the goats.
[01:28:40.880 --> 01:28:46.880] And what it was is my son came over to visit me with my grandson and spent the day there.
[01:28:46.880 --> 01:28:52.880] And they got the cutest little pygmy goat you've ever seen. The kids call it Pooh Bear.
[01:28:52.880 --> 01:29:06.880] Well Pooh Bear decided to walk across the street to the old lady's yard over there who had a beautiful, beautiful flower patch all along one side of her house.
[01:29:06.880 --> 01:29:10.880] Operative word here being had, right Ranger Ron?
[01:29:10.880 --> 01:29:12.880] Yeah.
[01:29:12.880 --> 01:29:14.880] What did you say?
[01:29:14.880 --> 01:29:20.880] I said the operative word here when we're talking about goats and flowers is had.
[01:29:20.880 --> 01:29:24.880] Had. That's right. She had a beautiful flower bed.
[01:29:24.880 --> 01:29:26.880] Well Pooh Bear ate the whole thing.
[01:29:26.880 --> 01:29:35.880] So she actually called the cops, made a complaint, and the judge sent me to jail for 90 days because the goat was on my property.
[01:29:35.880 --> 01:29:41.880] Ah. Okay. Well hang on just a second Ranger Ron. We'll be right back and let you finish that up.
[01:29:41.880 --> 01:29:49.880] Alright folks call at number 512-646-1984. I believe I've got about a half an hour left so let's go.
[01:29:49.880 --> 01:30:15.880] And I've got callers on the board so y'all hang on and we'll be right back after the break.
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[01:33:03.880 --> 01:33:10.880] You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:33:10.880 --> 01:33:28.880] Music
[01:33:28.880 --> 01:33:33.880] Alright folks, we are back. Rule of law radio. Alright, we're going to finish up with Ranger Ron.
[01:33:33.880 --> 01:33:37.880] Alright Ranger Ron, you got 90 days because the goat was on your property.
[01:33:37.880 --> 01:33:44.880] Yeah, my son visiting me with Pooh Bear. And Pooh Bear, I didn't know goats eat flowers.
[01:33:44.880 --> 01:33:47.880] And that was the smartest bore to him.
[01:33:47.880 --> 01:33:54.880] Well anyways, I have since found out from a friend of mine in Florida who does a lot of research that I'll read it to you.
[01:33:54.880 --> 01:34:01.880] Ordinance, all ordinances and codes only apply to government people.
[01:34:01.880 --> 01:34:11.880] That's Rodriguez vs. Ray Donovan, 769 F2D, pages 1344 to 1348, 1985.
[01:34:11.880 --> 01:34:16.880] Yep, and I sort of think I've been saying exactly that.
[01:34:16.880 --> 01:34:19.880] Well, I'm going to use this in my lawsuit.
[01:34:19.880 --> 01:34:21.880] Sounds good to me.
[01:34:21.880 --> 01:34:24.880] Hey, that's a good start as any.
[01:34:24.880 --> 01:34:25.880] Yeah.
[01:34:25.880 --> 01:34:32.880] Do me a favor though, email me a copy of that case law. I think I've got it, but I'd just like to make sure I collect them as I go just to be safe.
[01:34:32.880 --> 01:34:38.880] I don't have a computer way up here in the mountains. I can give it to you, I can tell you it over the phone. I can call you tomorrow if you want me to.
[01:34:38.880 --> 01:34:40.880] Uh, okay, that'll be fine.
[01:34:40.880 --> 01:34:42.880] I'll give you a buzz at home.
[01:34:42.880 --> 01:34:43.880] Okay.
[01:34:43.880 --> 01:34:44.880] Alright.
[01:34:44.880 --> 01:34:45.880] Alright, thank you sir.
[01:34:45.880 --> 01:34:46.880] Bye.
[01:34:46.880 --> 01:34:47.880] Bye bye.
[01:34:47.880 --> 01:34:52.880] Alright, now we're going to go to Meshack in Connecticut.
[01:34:52.880 --> 01:34:54.880] Hey, how you doing?
[01:34:54.880 --> 01:34:55.880] Alright, how are you?
[01:34:55.880 --> 01:34:59.880] Um, alright, what was that case that he just cited? Rodriguez versus what?
[01:34:59.880 --> 01:35:06.880] Uh, well you have to go back and listen to the archive, I didn't write it down. He's going to call me with the full case site tomorrow, so.
[01:35:06.880 --> 01:35:08.880] Okay, alright, that's cool.
[01:35:08.880 --> 01:35:15.880] Um, alright, so, uh, I'm dealing with four cases right now.
[01:35:15.880 --> 01:35:20.880] I just got a ticket for one of them, it was three, but now I got four to deal with.
[01:35:20.880 --> 01:35:33.880] And, uh, I submitted some motion, some motion to dismiss, and, uh, it was denied.
[01:35:33.880 --> 01:35:38.880] And, uh, I'm just going to, I'm going to file a motion to...
[01:35:38.880 --> 01:35:42.880] Well, no, it was already filed, a motion to recuse this file, I'm going to get that heard.
[01:35:42.880 --> 01:35:51.880] And, um, they set these matters for trial, and I have yet to even enter a plea for any of them.
[01:35:51.880 --> 01:35:56.880] Um, I'm just wondering what I should do.
[01:35:56.880 --> 01:36:09.880] Well, again, here in Texas, they can set them for trial before you plea, because according to the statute, the only place that you have to enter a plea is when the jury is impaneled, and that only happens at trial.
[01:36:09.880 --> 01:36:21.880] I see. Well, in Connecticut, it's usually at the arraignment when we enter the plea, but I was at the arraignment for one of my motor vehicle cases, and, um...
[01:36:21.880 --> 01:36:23.880] I'm sorry, in one of your what?
[01:36:23.880 --> 01:36:25.880] In my motor vehicle cases.
[01:36:25.880 --> 01:36:27.880] Are you a commercial driver?
[01:36:27.880 --> 01:36:33.880] No, but, well, okay, that's what I referred to it as. No, I'm not.
[01:36:33.880 --> 01:36:34.880] Okay.
[01:36:34.880 --> 01:36:40.880] But, um...
[01:36:40.880 --> 01:36:42.880] I'm not really prepared.
[01:36:42.880 --> 01:36:54.880] All right, so I was going to file a complaint with the grand jury, but we don't have a grand jury here, and the last time I called, I was told...
[01:36:54.880 --> 01:37:11.880] I believe it was Eddie, he told me to send a copy of a criminal complaint to the foreman of the grand jury, and we don't have one of those here, so I'm just wondering if it'd be a good idea to file with the district court instead?
[01:37:11.880 --> 01:37:17.880] Well, you should be able to file with any magistrate.
[01:37:17.880 --> 01:37:19.880] Like as in take it to a judge?
[01:37:19.880 --> 01:37:21.880] Well, it'll be a...
[01:37:21.880 --> 01:37:23.880] A judge and a magistrate are the same thing.
[01:37:23.880 --> 01:37:27.880] Except they're acting under different hats.
[01:37:27.880 --> 01:37:29.880] Okay, okay.
[01:37:29.880 --> 01:37:32.880] Administrative and judicial?
[01:37:32.880 --> 01:37:33.880] Correct.
[01:37:33.880 --> 01:37:34.880] Okay.
[01:37:34.880 --> 01:37:39.880] So I just serve it to a judge?
[01:37:39.880 --> 01:37:43.880] Yeah, wearing his magistrate's hat.
[01:37:43.880 --> 01:37:45.880] Oh, he has to be.
[01:37:45.880 --> 01:38:03.880] Okay, I also tried to do that. I sat in at a trial, and as soon as the court was adjourned, I tried to address the court, but the bailiffs just got on me, and the judge just completely ignored me and walked out.
[01:38:03.880 --> 01:38:08.880] And how would I go about doing this?
[01:38:08.880 --> 01:38:12.880] Will you simply stand up and say, I have business with the court?
[01:38:12.880 --> 01:38:16.880] Oh, yeah, no, I said that. I said I have some business with the court.
[01:38:16.880 --> 01:38:23.880] Okay, then file a judicial conduct complaint against the judge for denying you access to the courts.
[01:38:23.880 --> 01:38:24.880] Oh, okay.
[01:38:24.880 --> 01:38:27.880] Because that's what he did.
[01:38:27.880 --> 01:38:33.880] All right, so can I just mail him the complaint?
[01:38:33.880 --> 01:38:35.880] Sure you can.
[01:38:35.880 --> 01:38:36.880] Okay, I mean...
[01:38:36.880 --> 01:38:40.880] But make sure you send it certified mail to prove he got it.
[01:38:40.880 --> 01:38:42.880] Yeah.
[01:38:42.880 --> 01:38:46.880] All right, should I just do that?
[01:38:46.880 --> 01:38:49.880] Well, yeah.
[01:38:49.880 --> 01:38:53.880] If you're not going to go down there and take it in person, you've got to get it to him somehow, right?
[01:38:53.880 --> 01:39:06.880] Okay, yeah, all right.
[01:39:06.880 --> 01:39:08.880] I'm sorry, one second.
[01:39:08.880 --> 01:39:13.880] Well, that's okay, but I've got other callers I need to get to if you can't get this wrapped up.
[01:39:13.880 --> 01:39:17.880] Okay, you know what?
[01:39:17.880 --> 01:39:24.880] Yeah, I guess I'll do like a quick shout out.
[01:39:24.880 --> 01:39:30.880] Johnny, if you're out there, man, I really need your help, man.
[01:39:30.880 --> 01:39:38.880] If you could, I don't know, maybe email me or something if you're willing to help me, that would be greatly appreciated.
[01:39:38.880 --> 01:39:41.880] Also, yeah, thank you guys for everything.
[01:39:41.880 --> 01:39:42.880] Okay.
[01:39:42.880 --> 01:39:43.880] All right, have a good one.
[01:39:43.880 --> 01:39:45.880] You too.
[01:39:45.880 --> 01:39:48.880] All right, now we're going to go to Bob in Texas.
[01:39:48.880 --> 01:39:50.880] Bob, what can we do for you?
[01:39:50.880 --> 01:39:52.880] Hello, Eddie, just a couple quick questions tonight.
[01:39:52.880 --> 01:40:04.880] First of all, could you reference where you found the information on, I believe, the city of San Antonio versus Fetzer and State versus Perry?
[01:40:04.880 --> 01:40:07.880] I can't find those cited anywhere.
[01:40:07.880 --> 01:40:10.880] City of San Antonio versus Fetzer?
[01:40:10.880 --> 01:40:14.880] I believe that's who you referenced.
[01:40:14.880 --> 01:40:17.880] Where and when did I make this reference?
[01:40:17.880 --> 01:40:29.880] Well, in fact, it was on the Alex Jones videos that I saw, and I noted them down and went back and watched it several times.
[01:40:29.880 --> 01:40:40.880] I can find a reference to those decisions in several sightings, but just as a reference case.
[01:40:40.880 --> 01:40:43.880] I don't find any summation by the judge.
[01:40:43.880 --> 01:40:46.880] So you're actually wanting the actual case?
[01:40:46.880 --> 01:40:48.880] Well, I'd like to read through it.
[01:40:48.880 --> 01:40:54.880] At my petition, when I filed a petition for discovery, they denied part of it.
[01:40:54.880 --> 01:40:56.880] Instead, the state had declined part of it.
[01:40:56.880 --> 01:41:00.880] So I went for a hearing on why.
[01:41:00.880 --> 01:41:10.880] And she was asking me about some of my petition for dismissal and stuff and wanted me to particularly enter some Texas cases.
[01:41:10.880 --> 01:41:16.880] In the meantime, I copied about three sections of the Texas Constitution.
[01:41:16.880 --> 01:41:28.880] One on section 1, 10, though I did not get any evidence against yourself, and section 29, any laws, you know, those in particular I thought applied.
[01:41:28.880 --> 01:41:35.880] And I cannot find a reference to these cases that I mentioned when I was in court.
[01:41:35.880 --> 01:41:37.880] Okay.
[01:41:37.880 --> 01:41:44.880] And we're just wondering if there was any clarification I might get on where those could be located.
[01:41:44.880 --> 01:41:47.880] Well, did you do a search on Google Scholar for them?
[01:41:47.880 --> 01:41:51.880] I've looked up, oh goodness, find a law.
[01:41:51.880 --> 01:41:59.880] I've signed up to two or three legal reference sites, but they mostly deal with higher cases.
[01:41:59.880 --> 01:42:02.880] And if these are municipal cases, they may not be mentioned.
[01:42:02.880 --> 01:42:04.880] Well, it's a state case.
[01:42:04.880 --> 01:42:06.880] That's why I said Google Scholar.
[01:42:06.880 --> 01:42:09.880] PACER is only federal.
[01:42:09.880 --> 01:42:13.880] Okay, I will try Google Scholar then.
[01:42:13.880 --> 01:42:18.880] And also another quick question, where does an administrative agency get an arrest authority?
[01:42:18.880 --> 01:42:21.880] They don't.
[01:42:21.880 --> 01:42:24.880] Well, that's one thing I'm having trouble finding myself.
[01:42:24.880 --> 01:42:31.880] In the transportation statute, it does say that they can't arrest.
[01:42:31.880 --> 01:42:37.880] No, no, no, no, no. It says any peace officer may arrest.
[01:42:37.880 --> 01:42:41.880] Doesn't say the administrative agency can arrest.
[01:42:41.880 --> 01:42:43.880] Yeah.
[01:42:43.880 --> 01:42:48.880] See, the problem is is they're taking something that's governed by an administrative agency
[01:42:48.880 --> 01:42:52.880] and then they're trying to treat it as if it's a criminal activity.
[01:42:52.880 --> 01:42:54.880] And it can't be both.
[01:42:54.880 --> 01:43:01.880] Because then they take the arrest issue and transfer it over to Section 14, which is like harm.
[01:43:01.880 --> 01:43:07.880] Or, you know, harm against a fellow person.
[01:43:07.880 --> 01:43:12.880] Well, they make what they call a malum prohibitum crime out of it.
[01:43:12.880 --> 01:43:20.880] But they can't specify an injured party, which completely negates its ability to be criminal.
[01:43:20.880 --> 01:43:25.880] The state cannot claim an injury because the state is a fictional entity.
[01:43:25.880 --> 01:43:29.880] You cannot harm what isn't there.
[01:43:29.880 --> 01:43:38.880] Well, that's what I brought up when I mentioned, well, I was writing a habeas corpus document.
[01:43:38.880 --> 01:43:43.880] And it said, look, show me who's harmed and we'll settle.
[01:43:43.880 --> 01:43:48.880] But, of course, you know, that's their operating procedures.
[01:43:48.880 --> 01:43:52.880] Yeah, but it goes a little bit different than that.
[01:43:52.880 --> 01:44:19.880] There are certain ways that they get you to acquiesce even when you don't know that's what you're doing.
[01:44:23.880 --> 01:44:26.880] There's no way a place like that exists.
[01:44:26.880 --> 01:44:31.880] Go check it out for yourself. It's downtown at 1904 Guadalupe Street, just south of UT.
[01:44:31.880 --> 01:44:35.880] Oh, by UT, there's never anywhere to park down there.
[01:44:35.880 --> 01:44:43.880] Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility, just behind the bookstore.
[01:44:43.880 --> 01:44:46.880] It does exist. But when are they open?
[01:44:46.880 --> 01:44:51.880] Monday through Saturday, 11 a.m. to 9 p.m. and 1 to 6 p.m. on Sundays.
[01:44:51.880 --> 01:45:00.880] So give them a call at 512-480-2503 or check out their events page at bravenewbookstore.com.
[01:45:00.880 --> 01:45:03.880] Are you the plaintiff or defendant in a lawsuit?
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[01:46:14.880 --> 01:46:35.880] Alright, Rule of Law Radio, we are back. Okay, Bob, let's see if we can wrap this up. Sorry, the break took me by surprise. I didn't even see it coming.
[01:46:35.880 --> 01:46:40.880] Well, me too. Would you just state right quick again where to find those if my pencil didn't work?
[01:46:40.880 --> 01:46:44.880] Google Scholar. See if you can pull them up on there.
[01:46:44.880 --> 01:46:48.880] Okay, Google Scholar. I will do it. Thanks a lot.
[01:46:48.880 --> 01:46:56.880] You're welcome. Alright, now we're going to go to Scott in Arizona. Scott, what can we do for you?
[01:46:56.880 --> 01:47:13.880] A couple things, Eddie. I want to talk to you about legal versus equitable title, but let me ask you, have you put something out, I know you mentioned on that two hour deal you did on Alex's news show.
[01:47:13.880 --> 01:47:28.880] There was the other site that you were working on creating, and I just wanted to find out if you've established something that is, shall we say, video or audio of the Sunday meetings that you do in Austin.
[01:47:28.880 --> 01:47:45.880] Yes, I do record them at the moment. I do record them, but I have not converted them into streamable video or anything like that. Right now, each Sunday, I come back with 64 gigs worth of camera data to download.
[01:47:45.880 --> 01:47:58.880] And I haven't got to convert it into videos of internet size or streaming capability at all, because as soon as I get home, I'm back to work on other stuff.
[01:47:58.880 --> 01:48:15.880] Okay. No MP3s either. No, not yet. Okay. Okay. By the way, that, that guy mentioned it, that other guy asked for it, that, and I'm trying to, I was trying to get it read before you got to me to see if I could see if it actually says what it claims.
[01:48:15.880 --> 01:48:29.880] Because of course, so often people put stuff online and they cite a case and then they put something in quotes that might not even be in the case, but that case was a Rodriguez with an S versus Ray Donovan.
[01:48:29.880 --> 01:48:49.880] It's 769 F 2 D as in Delta 1344. I actually found it where I could read it on it's this federal-circuits.vlex. Yes. And that, that particular Rodriguez case, I don't think contains the quote he was giving me.
[01:48:49.880 --> 01:49:04.880] Yeah. That's the one that was cited. And that's the one that I, when I looked up that online, as far as the municipal cases, that's what people are doing. They're citing that particular case, stating that that's what it says, but I haven't gotten through it. It has something to do with it.
[01:49:04.880 --> 01:49:22.880] Yeah. I have read that case. That quote is not in there. Okay. It absolutely is not in there unless it is in one of the prior hearings that is not in the final opinion, but that's the only one I could find on everything in that case.
[01:49:22.880 --> 01:49:37.880] I found one opinion and it was the final opinion and it has, it does not have that quote in it, even though it does have that reference number that's used for that case, that specific statement is not in the case.
[01:49:37.880 --> 01:49:54.880] It's not even the dicta. Right. All right. What I wanted to ask you about on legal versus equitable title, and you caught my ear because I thought what I heard earlier was the reverse of what I've been learning.
[01:49:54.880 --> 01:50:07.880] And so I wanted to ask you about that. I've been doing so, and I don't know how much you've looked into what these guys have been doing. I don't know if you're familiar with Gordon Hall, Jack Smith, Brandon Alexander.
[01:50:07.880 --> 01:50:11.880] I know some of the names, but I don't know what they're doing and what they're calling it.
[01:50:11.880 --> 01:50:28.880] Their stuff is predominantly based on the whole issue of offer and acceptance and acting like a creditor rather than a debtor. They're not, anyway, I won't get too far into that since you don't really know what they are teaching.
[01:50:28.880 --> 01:50:46.880] But what I thought I heard you say earlier, I'll take an example of an MSO on a car that if you were to purchase an automobile, and then that MSO is surrendered to the state, and you now have your certificate of title as you travel around in your state-owned vehicle and such,
[01:50:46.880 --> 01:51:08.880] that the legal title would be the title that you hold for the use and possession, and the equitable would be held by the state. But my understanding, and something I actually, to pull it up real quick just to kind of double check and see if I had my thoughts straight on another resource,
[01:51:08.880 --> 01:51:26.880] was explaining that the legal title would be that which is owned, whoever's holding that MSO, the equitable title would be that of the person who is in possession of the vehicle who has the ability to, in this case, sell it.
[01:51:26.880 --> 01:51:46.880] No. The legal owner has all the appearance of ownership minus the ability to determine disposition of the property. That means buying, selling, or destruction of. The equitable owner is the only one that has that authority.
[01:51:46.880 --> 01:52:02.880] Now the problem is that the state doesn't have equitable ownership either. Why? Because when the MSO was sent in, it was microfished. The original was shredded and destroyed.
[01:52:02.880 --> 01:52:16.880] Okay, but just to, okay, I think what you're saying is essentially the same idea of what I was saying with the exception that there is no legal title.
[01:52:16.880 --> 01:52:24.880] No, no, no. There's legal title. That's what the certificate of title is, but that's not equitable title.
[01:52:24.880 --> 01:52:40.880] Okay. The certificate of title is a negotiable financial instrument. The only thing a certificate of title does is record all outstanding liens and claims against the property.
[01:52:40.880 --> 01:52:55.880] That's all a certificate of title does. It does not convey ownership of any kind. It conveys use rights.
[01:52:55.880 --> 01:53:19.880] Okay. If I could, and help me understand this based on something that I had looked up. As I look up under the definition of equitable title, as I'm reading here from another resource, it states the actual enjoyment and use of a property without absolute ownership would be equitable title.
[01:53:19.880 --> 01:53:20.880] Nope.
[01:53:20.880 --> 01:53:30.880] Legal title, it reads is ownership of property that is enforceable in a court of law, and then it goes on further speaking of...
[01:53:30.880 --> 01:53:34.880] And what is the cited source for that?
[01:53:34.880 --> 01:53:46.880] Okay. This particular, well, part of it, it looks like they took out of the legal title a Black's Law snippet where they speak of no beneficial interest in the property.
[01:53:46.880 --> 01:54:00.880] This is something I pulled up on, insuranceofinvestors.com. It appears to be an insurance resource for investment property.
[01:54:00.880 --> 01:54:22.880] When I read it out of, the way I read it out of Blacks, out of equitable, it says a right in the party to whom it belongs to have the legal title transferred to him or the beneficial interest of one person whom equity regards as the real owner, although legal title is vested in another.
[01:54:22.880 --> 01:54:36.880] And then if I skip over to legal, by the way, I'm pulling this out of, I chose to grab Blacks 6 rather than 5.
[01:54:36.880 --> 01:55:04.880] On the legal title side then, it states legal title is, where'd it go, all right, one cognizable or enforceable in a court of law or one which is complete and perfect so far as regards to, or regards the apparent right of ownership and possession, but which carries no beneficial interest in the property, another person being equitably entitled thereto.
[01:55:04.880 --> 01:55:13.880] In either case, the antithesis of equitable title may also mean appearance of title as distinguished from complete title.
[01:55:13.880 --> 01:55:39.880] Anyway, so I don't know, it got me a little confused because everything I've heard up to this point indicated that same thing like with a warranty deed, that the legal title is essentially not with the person that's actually living in the home, they hold an equitable interest or a usable interest in that property.
[01:55:39.880 --> 01:55:57.880] And I'm wondering if you could point me in the direction, because I just want to get clarification, I'm no expert, can you point me in a direction that will, maybe a treatise, because I know there's a lot of treatises that get written, I tried to look online, but I didn't find anything before I got on the call with you.
[01:55:57.880 --> 01:56:14.880] Do you know of anything that is a real good resource for explaining legal versus equitable and making that distinction when it comes to some of these things that we consider, you know, the general masses consider ownership, whether it be of a car, house or otherwise?
[01:56:14.880 --> 01:56:22.880] I've got one somewhere in the seminar material, I think, that deals with equitable title versus legal title.
[01:56:22.880 --> 01:56:26.880] Let's see.
[01:56:26.880 --> 01:56:30.880] Hang on just a second, I'm looking at something here.
[01:56:30.880 --> 01:56:35.880] Okay, this is the definition out of Black's Law 6 for legal title.
[01:56:35.880 --> 01:56:47.880] One cognizable or enforceable in a court of law, or one which is complete and perfect so far as regards the apparent right of ownership and possession.
[01:56:47.880 --> 01:56:52.880] There's a big difference between rightful and apparent.
[01:56:52.880 --> 01:56:58.880] Okay, you either have rightful ownership or you have apparently rightful ownership.
[01:56:58.880 --> 01:57:01.880] You see the distinction there?
[01:57:01.880 --> 01:57:03.880] I follow what you're saying.
[01:57:03.880 --> 01:57:13.880] But which carries no beneficial interest in the property, another person being equitably entitled thereto.
[01:57:13.880 --> 01:57:25.880] In either case, the antithesis of equitable title, it may also mean appearance of title as distinguished from complete title.
[01:57:25.880 --> 01:57:36.880] So in this case, legal title versus equitable title is the complete opposite of exactly what you think it is.
[01:57:36.880 --> 01:57:47.880] And a certificate of title is a legal title, it is not an equitable title.
[01:57:47.880 --> 01:57:51.880] Okay, well I will definitely do more digging.
[01:57:51.880 --> 01:58:02.880] When you read that, what made so much sense to me when you said, now I get the apparent right, but I also get the no equitable title.
[01:58:02.880 --> 01:58:08.880] And the other thing I've always heard is that the state is basically acting as a trustee essentially.
[01:58:08.880 --> 01:58:14.880] That is correct. They're acting as if they have a vested interest, which they actually do not.
[01:58:14.880 --> 01:58:20.880] But that's because of the mishandling of the MSO from the very beginning.
[01:58:20.880 --> 01:58:28.880] Okay, their interest in it only exists as long as there's an outstanding lien where another party's rights has to be protected in the transaction.
[01:58:28.880 --> 01:58:34.880] The state is a party simply for the purpose of enforcement of that contract.
[01:58:34.880 --> 01:58:37.880] All right, anyway, we're out of time, Scott. Thanks for calling in.
[01:58:37.880 --> 01:58:40.880] All right, folks, this has been Rule of Law Radio, the Monday Night Traffic Show.
[01:58:40.880 --> 01:58:59.880] Thank you all for listening, for all the calls. Good night and God bless.
[01:59:10.880 --> 01:59:20.880] We'll be right back.
[01:59:40.880 --> 01:59:50.880] That's 888-551-0102 or visit us online at BFA.org.